Patent grace period: Can you patent an invention after showing it?

Can inventions be publicly disclosed prior to filing a US patent application?

The US patent system is different from the patent laws of most foreign countries in that US allows inventors to make public disclosures of their inventions prior to filing a US patent application. Most foreign patent offices would disqualify an invention from patent protection if it had been publicly disclosed before securing a patent priority date. US patent laws are a bit more lenient than foreign patent laws by enabling this inventor grace period.

How long is the patent grace period for inventors?

An inventor has up to one year from his/her earliest date of public disclosure to file a US patent application. If the inventor’s own disclosure during this 1 year grace period precedes the public disclosure of a similar invention by a third party, then the third party’s disclosure will be excluded and will not count as prior art against the inventor’s patent application filed within the 1-year period.

Exceptions to the first-to-file patent system apply for the inventor who discloses the invention within the 1-year grace period and prior to a third party’s patent filing date.

Basically, if an inventor’s prior disclosure during the 1-year grace period precedes the public disclosure or patent filing by a third party, the inventor wins by applying for a patent within the 1 year period.

What if more one year has passed from the earliest public disclosure of an invention?

If over a year has passed since the earliest public disclosure of your invention, one possible workaround would be modifying the product to form a new product that has not been publicly disclosed. The product modifications should be non-obvious.

Ideally, you want to file patent applications early and prior to going public. If you are not sure if a product will be successful, consider filing a design patent application or a provisional patent application.

Need to file a patent application within your patent grace period?

Email US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you file a patent application right away.

How useful was this post? (Did you find the information you needed?)

Click on a star to rate it!

Thank you for rating my post!

We want to do better.

Could you tell us what was missing in our post?

Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

Follow us

Copyright © Vic Lin 2023