The One-Year Clock: How Public Disclosure Can Kill Your Patent Rights

You finally have an invention worth protecting. Maybe you have built a working prototype, shown it to potential customers, presented it at a trade show, or even started selling it. 

Then you learn that public disclosure before filing patent applications can affect your ability to obtain patent protection.

For U.S. patent law, there is a limited one-year grace period for certain inventor-originated disclosures. But that does not mean inventors should wait a year to file. A disclosure that may be survivable under U.S. law can still create serious problems for foreign patent rights.

The safest rule is straightforward: when possible, file your patent application before making the invention public.

What Counts as Public Disclosure Before Filing a Patent?

Public disclosure before filing patent protection generally means making information about your invention available to the public before filing an application.

That can happen in more ways than inventors often realize. A public disclosure may include publishing technical information, publicly demonstrating a product, using an invention publicly, offering it for sale, selling it, or otherwise making the invention available to the public.

For example, an inventor could create a working prototype and then:

• Demonstrate it at a trade show

• Publish details on a website

• Post a demonstration video online

• Present technical information at a conference

• Offer the product for sale

• Publicly use the invention

The critical issue is not whether the inventor intended to give up patent rights. What matters is whether the invention or relevant information about it was made available to the public.

How Does the One-Year Patent Grace Period Work?

The United States provides a limited exception for certain inventor-originated disclosures.

Under 35 U.S.C. § 102(b)(1), a disclosure made one year or less before the effective filing date may be excluded from prior art when the disclosure was made by the inventor, a joint inventor, or someone who obtained the disclosed subject matter directly or indirectly from the inventor.

This is where the “one-year clock” definition comes into existence. 

Suppose an inventor publicly discloses an invention on August 25, 2026. Depending on the circumstances, the inventor may have until August 25, 2027, to file a U.S. patent application without that particular inventor-originated disclosure being treated as prior art.

But there is an important distinction to consider: a grace period is not the same thing as guaranteed protection.

Why Waiting One Year Can Be a Costly Mistake

The biggest danger is assuming that the U.S. grace period applies everywhere.

The USPTO expressly cautions that a public disclosure may be protected by the U.S. grace period while still preventing patent protection in foreign countries.

Many countries take a much stricter approach to novelty and pre-filing disclosures. If international patent protection is part of your business strategy, publicly revealing the invention before filing may therefore eliminate options that cannot be recovered later.

There is another concern: third-party activity.

A disclosure by someone other than the inventor can create a different prior art problem. The statutory exceptions have specific requirements, so an inventor should not assume that any subsequent disclosure will automatically be protected simply because the inventor previously disclosed the invention.

In other words, the one-year period should be viewed as a limited legal safeguard—not as an invitation to postpone filing.

Common Ways Inventors Accidentally Disclose an Invention

Inventors do not always recognize that they have made a potentially important disclosure.

A product launch is an obvious example, but disclosure can happen much earlier. An entrepreneur might post photographs of a prototype on social media, publish a product description on a website, demonstrate a device at an industry event, or allow prospective customers to test the invention.

Crowdfunding campaigns can also require careful consideration because product descriptions, photographs, videos, and technical explanations may become publicly accessible.

Investor discussions require attention as well. A private conversation is not necessarily equivalent to a public disclosure, particularly when information is shared confidentially.

However, inventors should be deliberate about what they reveal and to whom. Confidentiality arrangements may be appropriate in some business relationships, but they should not replace a thoughtful patent filing strategy.

The practical question is simple: Has information about the invention become available to people outside a confidential relationship?

If the answer is yes, the timing deserves immediate attention.

What Should You Do Before Disclosing Your Invention?

The strongest approach is to plan the patent filing before the public announcement.

First, identify the features of the invention that may provide patentable value. Then consider whether a patent search and patentability analysis make sense before investing further in commercialization.

For inventors who need additional time before filing a nonprovisional application, a provisional patent application may be an option. A properly prepared provisional application can establish a U.S. filing date and generally provides 12 months to pursue a corresponding nonprovisional application. However, the provisional must contain an adequate written description of the invention; it is not simply a placeholder that automatically protects anything developed later.

Most importantly, the filing should accurately support the invention you ultimately want to protect.

The earlier the patent strategy is considered, the more flexibility an inventor generally has.

How Sleman and Lund LLP Can Help Protect Your Invention

For an inventor preparing to launch, sell, publish, demonstrate, or otherwise disclose an invention, getting early patent guidance can help avoid preventable problems. Sleman and Lund LLP offers consultations to help clients evaluate their intellectual property needs and determine an appropriate path forward.

FAQs

Can I still get a U.S. patent after publicly disclosing my invention?

Possibly. Certain inventor-originated disclosures made within one year before the effective filing date may fall within the statutory grace-period exception. However, the specific facts matter, and foreign patent rights may already be affected.

Does putting my invention on social media count as public disclosure?

It can. Publicly posting technical information, photographs, videos, or other details about an invention may make that information available to the public. The specific content and circumstances should be evaluated.

Is the one-year grace period available for foreign patents?

You should not assume so. The USPTO warns that a disclosure protected under U.S. law may still prevent patenting in foreign countries.

Should I file before showing my invention to investors?

Whenever practical, filing before disclosure provides a safer approach. If confidential discussions are necessary before filing, the circumstances should be carefully managed.

What if I already disclosed my invention?

Do not wait. Gather records showing what was disclosed and the date of disclosure, then speak with a patent attorney promptly. There may still be options for U.S. protection depending on the circumstances.