When to Apply for a Patent

One of the most disappointing situations that occurs for us as patent attorneys is to have someone come to us with a great invention that cannot be patented, because the inventor's own use of the invention has created a bar to patentability. Here is what you need to know to avoid that problem:

• In the United States, you must file your patent application within one year of your first offer for sale, public use, or printed publication. If you wait longer than a year, you will not be able to obtain a valid patent. Your best bet is to get to your patent attorney at least 2 months before the one-year deadline in order to provide time to do a search and prepare and file a good patent application.
  
  
• Europe and most other developed countries outside the United States are "absolute novelty" countries, meaning that you cannot obtain a valid patent if the invention is disclosed on a nonconfidential basis before your patent application is filed. If you are interested in obtaining foreign patent protection, you should visit your patent attorney before you display your product at a trade show, sell it, or otherwise disclose it to anyone on a non-confidential basis.