QUESTION

Can I patent an invention if I discussed it publicly three months ago? How?

Asked on May 13th, 2015 on Patents - Massachusetts
More details to this question:
I was a keynote speaker for a convention and talked about an invention that I am considering patenting. This was three months ago and I did not delve into so much detail that someone else could easily take the idea and run with it. Can I still get my invention patented if I apply for it in the next year?
Report Abuse

5 ANSWERS

Yes, if you and/or you and your colleagues are the inventor(s) and were the first to disclose it publicly (3 mos ago). You can file a patent application provided you do so within 1 year for the date of public disclosure. After that, your disclosure will be prior art that may anticipate or make your invention obvious.
Answered on May 13th, 2015 at 4:31 PM

Report Abuse
Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
Update Your Profile
You have 1 year from when you talked about it publicly to file a patent application in the United States.
Answered on May 13th, 2015 at 4:05 PM

Report Abuse
Intellectual Property Attorney serving Marshalltown, IA at Patwrite L.L.C.
Update Your Profile
The answer is probably. In the US, you basically have a year after disclosure (other things can complicate this issue) to file a patent application. Also, it is likely that your talk did not enable your invention (depending on the complexity of your invention - some inventions are so simple that merely talking about it may fully enable it) and so you arguably can file your application. The safest way is to file an application before any public disclosure. I recommend speaking with a patent professional because details of your disclosure can change the answer.
Answered on May 13th, 2015 at 3:23 PM

Report Abuse
Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
Update Your Profile
You have one year from the time your invention becomes known to the public (and "public" can be just a few people in some cases) to submit an application to the USPTO. You've got approximately 9 months to get yours in.
Answered on May 13th, 2015 at 2:38 PM

Report Abuse
Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
Update Your Profile
The US Patent Law allows an inventor a one-year grace period from a public disclosure of his/her invention in which to file an application. However - anyone who heard your talk - could take your concept, modify it, and file before you - which might prevent your invention from being patented. The US law now rewards the "first inventor to file" with a patent - not the first inventor. Get your application on file as soon as possible. GOOD LUCK!
Answered on May 13th, 2015 at 2:26 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters