Can I patent an invention if I discussed it publicly three months ago? How? 9 Answers as of May 14, 2015

I was a keynote speaker for a convention and talked about an invention that I am considering patenting. This was three months ago and I did not delve into so much detail that someone else could easily take the idea and run with it. Can I still get my invention patented if I apply for it in the next year?

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes but you have a one year deadline from the date of disclosure. You need a patent lawyer for this.
Answer Applies to: New York
Replied: 5/14/2015
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
Maybe yes, maybe no. If what you presented does not state all the specifics of the invention, but makes the same specifics obvious or predictable, then you will lose any right to file an patent application one year from the conference. If someone else hears your presentation and then they proceed and predict the specifics, and make an independent disclosure (presentation or public use), then their disclosure will be prior art against your application and you therefore must file your application before any such independent disclosure. In this day and age, it is not safe for anyone to make a presentation on an invention, no matter how muddy, clouded, or dumbed-down the disclosure is made, and especially if the problem that is to be solved has been revealed. Someone else will figure it out. You should engage a patent attorney to assist you.
Answer Applies to: Ohio
Replied: 5/14/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Yes, you have one-year from first disclosure to file a patent. You have another 9 months. The patent office operates on a first-to-file basis. Someone at the convention may be able to understand what you were describing and could file the application in the previous three months. They would then be the first-to-file and it could prevent you from getting a patent even though you were the first-to-invent.
Answer Applies to: California
Replied: 5/13/2015
Microtechnology Law & Analysis | Daniel Flamm
Yes, if you and/or you and your colleagues are the inventor(s) and were the first to disclose it publicly (3 mos ago). You can file a patent application provided you do so within 1 year for the date of public disclosure. After that, your disclosure will be prior art that may anticipate or make your invention obvious.
Answer Applies to: California
Replied: 5/13/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
You have 1 year from when you talked about it publicly to file a patent application in the United States.
Answer Applies to: Utah
Replied: 5/13/2015
    Mark Torche | Mark Torche
    The answer is probably. In the US, you basically have a year after disclosure (other things can complicate this issue) to file a patent application. Also, it is likely that your talk did not enable your invention (depending on the complexity of your invention - some inventions are so simple that merely talking about it may fully enable it) and so you arguably can file your application. The safest way is to file an application before any public disclosure. I recommend speaking with a patent professional because details of your disclosure can change the answer.
    Answer Applies to: Iowa
    Replied: 5/13/2015
    Michael M. Ahmadshahi
    Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
    You should file your patent application as soon as possible. The one year grace period under the new law is not well understood and as such you should not take any risks. The new law would require a disclosure by you and derivation by the first filer for you to be entitled to the invention even tho you filed later. Your presentation might not be deemed disclosure and the first filer's patent application might not be deemed a derivation of your keynote presentation.
    Answer Applies to: California
    Replied: 5/13/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You have one year from the time your invention becomes known to the public (and "public" can be just a few people in some cases) to submit an application to the USPTO. You've got approximately 9 months to get yours in.
    Answer Applies to: Nebraska
    Replied: 5/13/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    The US Patent Law allows an inventor a one-year grace period from a public disclosure of his/her invention in which to file an application. However - anyone who heard your talk - could take your concept, modify it, and file before you - which might prevent your invention from being patented. The US law now rewards the "first inventor to file" with a patent - not the first inventor. Get your application on file as soon as possible. GOOD LUCK!
    Answer Applies to: Massachusetts
    Replied: 5/13/2015
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