You have exactly ONE year from the date your invention is publicly – disclosed, used, offered for sale – to file a provisional or non-provisional patent.  If your idea has been exposed to the public and you don’t file for a patent within ONE year from the date of public exposure, you may be forfeiting your patent rights.  Moreover, by publicly disclosing your idea, you risk someone misappropriating your idea and claiming your idea as his or her own.  Though there are ways to prevent misappropriation, they are difficult and expensive.  This is why publicly disclosing your idea before at least filing for a Provisional Patent is not recommended.

For more information read about the definition of public disclosure.


If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

Source: Smartup Legal