What kind of disclosure would be a problem for our patent application?

Question

What exactly does "disclosure" mean in the context of patent law? For example, if we present our invention to investors, does that defeat a patent application? What about a presentation of the research to a closed group of scientists/university members?

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Answers: 1 public & 0 private

Steven weinrieb
Patent Attorney

"Disclosure" means, in effect, "public disclosure" - so if you disclose your invention to third parties, it is a disclosure. A disclosure to investors can probably effectively be negated by having them sign non-disclosure agreements, but a presentation to a group of scientists or university members is probably pushing the boundaries of disclosure, even if you had them all sign non-disclosure agreements. I would check further with your patent professional in order to ascertain, for example, specific case law that has adjudicated such matters.

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