When does our technology become publicly know and not patentable?

Question

We are considering applying for a patent. If I understand it correctly though, a patent application is defeated once the technology the patent is supposed to cover is publicly known. Is this correct? In any case, how "public" can we be about our product without defeating patentability? While we are certainly not planning to share our IP publicly, should we secure a patent before talking to -- for example -- investors/VCs?

Answers: 3 public & 3 private

Simon photo
Business Consultant

Hi Thomas

Usually you do not need to give away the details of the secret sauce in a VC pitch. In fact, usually they are not particularly interested in exactly how you do what you do, they are more interested in what the market pain is that you address and how you address it. Publically known means used, disclosed in public, published in a document, etc. In some countries, such as US, Australia and Japan, they have a grace period of ranging from 6 months (japan) to 12 months (US and AU) prior to your patent filing date, where you can still get patent protection in those places if you disclosed your invention prior to filing. However, even if within the grace period in those places, you won't get valid protection in places like Europe where no such grace period exists.

Nika 3   compressed
Lawyer

Thomas,

What country are

Steven weinrieb
Patent Attorney

The best rule of thumb to follow is to always file a patent application before you publicly disclose the invention to anyone outside of the inventors or the company the inventors work for - that way, there is never any issue concerning public disclosure and the possible loss of patent rights. In fact, you are probably in a stronger position to consult with investors/VCs when you already have your patent application on file - that way they can in fact see and appreciate what has been filed and applied for, for a patent, and also, they themselves do not have to worry about any disclosure issues which could possibly negatively impact the ultimate value of the patent.

Recent questions

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6114 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

Do you have a question about your invention or intellectual property?
Search the questions below or post your enquiry to one of our experts via Directory.
(User questions are no longer posted publicly on this page.)