Patent Attorney and Founder
Everyone I’m JD Hooven are your hosts of the bold today’s show for you the inventor or entrepreneur gets your daily inspiration so you go make the world a better place [Music]
we’re talking about the big question that we get asked by all of our clients what’s the process how do I get a patent for my invention we’re here on step five today step five looks at the statutory bars okay sounds really legally right but this is so important I can’t stress this enough we need to make sure that we evaluate the history of your invention and who you’ve talked with and who you might have sold your invention to prior to application filing now the best you know best in all cases is if you haven’t published your invention at all and you haven’t sold your invention at all if that’s the case thumbs up you’re in great shape but don’t tune out because for your next invention I don’t want you to make the mistakes that I’m going to talk about next the statutory bars there are two main statutory bars and that means that if you fall outside of this rule that means that you are barred from patenting meaning your invention is not valid it will not be able to achieve the grants that you’re protecting and it will belong to the public all right in the u.s. you have a one-year grace period for publication or sale those are the two types of statutory bars for publication if you have shown your invention to the public whether it be in a you know Kickstarter or a magazine or tradeshow you’ve told the public about your invention whatever was shown to the public will become a part of the public domain exactly one year from that date of publication similarly the other statute if you’ve ever sold your invention or even offered for sale your invention more than a year ago you are barred from patenting so this is a tough rule some of those Hart clients we’ve come and they’ve just been heartbroken by this but it’s one of those things like you know you just don’t know unless you ask and so I go into a patent professional these are the kinds of questions you get answered you know before they become real heartbreaks and issues for your business so if you have any questions about what kind of disclosure qualifies as a publication the time periods that are in essence here and when you need to get your application filed by talk to one of our patent attorneys go to our website at bold patents com you can book a free consultation right from the website of course you can always call us at