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Showing off your invention starts a one-year clock

A demo, a crowdfunding page or a trade-show booth can count as telling the world. Here’s what that starts.

Joon Baek, Partner, patents6 min read
A woman at a cluttered bench works on a small electronic prototype beside her laptop

Founders are told to build in public. Patent law has a different view of public.

What counts as showing it

Selling it, offering it for sale, posting a video of how it works, pitching it on a crowdfunding page, or describing it in a talk can all count as a public disclosure. A private pitch under a confidentiality agreement usually doesn’t.

The U.S. gives you a year

In the United States, you generally have twelve months after your own first public disclosure to file. Miss it, and your own launch can be used against your application.

Much of the world gives you none

Many other countries have no such grace period. If you might sell abroad, file before you show it anywhere.

What to do before launch day

  • Write down the date you first show, sell or post about it.
  • File a provisional application before that date if you can.
  • Keep early pitches private and under a signed agreement.
  • Talk to a patent attorney before the crowdfunding page goes live.

A provisional costs much less than a lost patent. If your launch date is set, tell us on the first call.

Launch date on the calendar?

A provisional application is quoted per invention, plus the USPTO fee. Book a call with Joon first.