Posted on January 06, 2025
Should You Talk About Your Invention Before Filing for a Patent?
Hi, I’m JD Houvener, founder of Bold Patents Law Firm. Over the years, I’ve helped inventors file hundreds of patents. One question I get all the time is:
Can I share my invention before I file for a patent?
The short answer? It’s risky.
Why It’s Best to Wait
If you share your invention publicly before filing, you could lose your chance to protect it. The safest move is to file your patent application first. Once you’ve filed, your idea is legally protected, and you can talk about it freely.
When You Might Need to Share Early
Sometimes, though, you can’t wait. Here are two common situations:
- You Need Help Finishing Your Invention
If you’re stuck and need technical input, you may have to bring someone else on board. In this case:- Get a non-disclosure agreement (NDA) in place.
- Talk to a business lawyer to draft a contract.
- You Need Funding
Maybe you need money to build a prototype or take your idea to market. To pitch to investors:- Share only what’s necessary.
- Use an NDA to protect your idea.
The One-Year Rule
In the U.S., if you disclose your invention publicly—say at a trade show, online, or by selling it—you have one year to file a patent application. Miss that deadline, and you lose your chance to get a patent.
How to Protect Yourself
If you can, file your patent application before talking to anyone. This gives you “patent pending” status and protects your rights. If you can’t, use NDAs and work with trusted partners to minimize risk.
Final Tip
It’s always better to be cautious. When in doubt, talk to a patent attorney. They’ll guide you through the process and help you make smart choices.
Got questions? Don’t hesitate to reach out. Keep dreaming big!
