Venjuris — Innovation Counsel
Intellectual PropertyPatent Law

Don't Jeopardize Your Patent by Sharing Too Much

Published February 21, 2018Joseph R. Meaney

Many inventors face a common dilemma: they want to generate excitement about their innovation, but they worry about jeopardizing their patent rights by disclosing too much information publicly.

The key risk is that disclosing too much makes your invention part of the "prior art" — the body of existing knowledge that the patent office considers when evaluating your application. If your own disclosure reveals all elements of your invention, it can prevent your patent from being approved.

To keep disclosures non-damaging, avoid revealing all elements of your invention or providing enough detail that a person of ordinary skill in the art (known as a POSITA) could replicate it. Focus on describing what your product does rather than how it works.

The strongest strategy is to file a provisional patent application before any public disclosure. This sidesteps disclosure risks entirely and protects against competitors who might independently develop similar solutions.

Even carefully crafted non-enabling disclosures carry hidden dangers in our "first-to-file" patent system. Public disclosure can inadvertently prompt others to develop competing solutions and potentially file patents ahead of you — the original inventor.

The bottom line: when in doubt, file first, talk later. A provisional patent application is a relatively inexpensive way to establish your priority date and protect your rights before going public with your innovation.

About the Author

Joseph R. Meaney

Partner · Patents · Trademarks · Copyrights

B.S. Civil Engineering, Tufts University. Emphasizes long-term client relationships and tailored strategic solutions for patents and trademarks. Four years of engineering practice before law school.

Admitted: Arizona · U.S. District Court, District of Arizona · U.S. Court of Appeals 9th Circuit · U.S. Court of Appeals Federal Circuit · U.S. Patent and Trademark Office

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