Prior art considerations


What do we need to consider relating to ‘prior art’ if we decide to publish information about our product before patent application? Is it OK to describe the product but not give specific information about the design or technology? ( for pre marketing purposes.)

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

You are probably OK with describing the product in general terms - in other words, what it generally does or accomplishes, but do not in any manner disclose any details of its structure or how it really works.

Patent Agent

The key term often used in examination of patent applications in US and EPO, to describe such situations, is "enabling disclosure", basically can a professional make the invention based on your description in the published info?
Presumably if not then you are ok, but I always advise my clients that it is not worth the risk. You might lose your entire IP over this. File a provisional for a few dollars and then you can publish whatever you want to.

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