By far the most common mistake made by people new to the patent world is revealing their inventions to the public too early.  Any public disclosure of an invention - by word of mouth, demonstration, advertisement, journal article, an offer for sale, or any other disclosure - before you apply for a patent can jeopardize your ability to secure valid patent rights. A public disclosure is not limited to the general public; it can also be a disclosure to one or two individuals. 

If you feel the need to describe your invention to someone before you apply for a patent, such as a potential business partner, or a manufacturer, you should ask that person to sign a confidentiality agreement before you disclose your invention.  This means they have to treat what you tell them with confidence and they are not allowed to tell anyone else what your invention is.  This will assist you in assuring your invention is not disclosed to the public.  We can assist you in preparing this type of agreement.  Any conversation a client has with one of our attorneys is confidential.  

It is often best to apply for patent rights before any public disclosure of an invention is made.  Applying for a U.S. patent is done by filing a legal document called a patent application with the United States Patent and Trademark Office.  The content of a patent application is used to determine whether a patent can be granted, and also what rights a patent provides. 

It is possible for an individual to file a patent application without the assistance of a patent attorney; however it is very rare for individuals who are not patent attorneys to have their patents granted.  Individuals who are not trained in U.S. patent law generally do not know or have the legal skills needed to prepare an application for you; nor are they are familiar with the Rules of Practice imposed by the U.S. government.  Not having someone who understands the ins and outs of the patent system could result in either you not obtaining patent rights or not obtaining all the patent rights you deserve.  We can assist you in preparing and prosecuting patent applications both in the United States and in foreign countries.

Tom Nikolai                 (612) 392-7307           Tom.Nikolai@nm-iplaw.com