Can I patent an invention if I discussed it publicly three months ago? 3 Answers as of November 03, 2010I 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?
Devon & Associates | Marcia A. Devon
To be safe, you should consider your deadline to file your U.S. patent application to be one year from the date you discussed the invention as a keynote speaker. If you made any other public uses, publication, or offered the invention for sale at an earlier time, the U.S. deadline is one year from the earlier date. Most foreign countries require that you file your patent application even sooner. Please allow your patent attorney as much time as possible to discuss these issues with you and to prepare the application. Rushed patent applications can be problematic.
Answer Applies to: California