Share wisely!
Sharing your invention publicly with others (called a “public disclosure” in patent law) before filing a patent application can severely impact or eliminate your ability to obtain patent rights. Request a consultation with a CoMotion Innovation Manager to learn more.
What is a public disclosure?
A public disclosure occurs when your invention is made available to even one person (or entity) not under a clear obligation of confidentiality, in a way that would allow someone with ordinary skill in the relevant technical field to understand and potentially reproduce the invention. Importantly, it doesn’t matter if anyone actually saw or accessed the information; if it was publicly accessible, it generally counts. For example, a departmental seminar advertised as open to the public could be a public disclosure, even if only internal colleagues attend.
Why do public disclosures matter?
If your invention is publicly disclosed before you file a patent application, you can lose the ability to obtain patent protection in most countries. The U.S. is a rare exception and offers a one-year “grace period” for filing after your own public disclosure to obtain U.S.-only patent rights.
Examples of public disclosure
Students present their work at the Undergraduate Research Symposium in Mary Gates Hall
Presentations
Talks or posters at conferences, or departmental seminars/talks announced as open to the public.
April, campus, student life, spring, library, allen library, Suzzallo, study
Publications
Published journal articles, book chapters, publicly accessible dissertations/theses, or online publications/preprints on platforms like ArXiv.
Portraits, small group, and medium group shots for the Social Work Viewbook
Conversations
Discussing your invention with anyone not bound by a confidentiality agreement.
Online activity
Posts on public websites, blogs, social media, or public GitHub repositories. Sharing detailed prompts in open-source generative AI programs that log or share inputs.
Commercial activity
Offering the invention for sale (verbally or in writing) or publicly using, selling or displaying a product that embodies the invention without confidentiality restrictions.
If disclosure is unavoidable before filing:
Use a non-disclosure or confidentiality agreement when discussing your invention with external parties before a patent application is filed. For more information and assistance, please schedule a consultation with an Innovation Manager.