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Patent Time Bars

WHAT IT MEANS: A public disclosure or offer for sale of an invention may prevent you from getting a patent for that invention.

WHAT IS A PUBLIC DISCLOSURE: A disclosure of the invention (outside of your company) in any form, which is not covered by a good non-disclosure agreement (NDA).

WHAT IS THE TIMING: In the United States (and a limited number of other countries), there is a one-year grace period from disclosure to file a patent application. Outside of the U.S., any public disclosure automatically prevents you from getting a patent in most countries, such as Europe or China.

WHAT TO DO: File a patent application or get a signed NDA before you disclose the invention outside of your company. Contact your legal team to obtain a copy of a standard NDA.

Category: Intellectual Property, Patents

This IP Tip of the Month has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.