A lot of inventors find me in a mild panic:
“I’ve already shown this to people… did I just ruin my chances at a patent?”
Maybe you’ve:
launched a Kickstarter
sold early units
posted demo videos online
pitched at a startup event
given samples to retailers
Let’s talk about what that means for your patent rights, and what you can still do.
(Note: I’ll speak generally here; specifics always depend on your exact facts.)
The main problem: patent law cares about timing
Two big concepts matter:
Public disclosure
On-sale activity
When you show, sell, or offer to sell a product that embodies your invention, patent law starts watching the clock.
In the U.S., there may be a limited grace period
Under current U.S. law, certain disclosures by the inventor may have a 12-month grace period before they become fatal.
That means:
if you disclosed on January 1 of this year,
and you file a proper U.S. patent application by January 1 of next year,
you might still be okay (subject to details).
But there are nuances:
Not every disclosure is “forgiven.”
Not all third-party disclosures are safe.
Foreign rights may already be gone.
This is why I carefully reconstruct your disclosure timeline in the first consultation.
Outside the U.S., it’s often much harsher
Many countries:
do not have a grace period, or
have far narrower ones.
That means a public disclosure before filing may completely destroy foreign rights.
If international protection is important, timing is critical.
So, what counts as “public disclosure”?
Examples:
A product listing on a website
A public YouTube video explaining how it works
A trade show demonstration
A Kickstarter or crowdfunding campaign
A sales pitch where details are revealed without confidentiality
Sales or pre-orders
Sometimes even a “private” conversation can count if it wasn’t under an effective NDA and details were fully disclosed.
Can an NDA help?
A well-drafted NDA can help keep a disclosure non-public, if:
it’s signed before you disclose,
the person is bound not to share, and
you stick to the NDA’s terms.
But NDAs are not magic. If someone breaches it and your invention becomes public, you may still face patentability issues, plus a contract problem.
What I do first if you’ve already disclosed
If you’ve already shown or sold your product before talking to me, the first consultation focuses heavily on:
dates of every public disclosure
dates of first sales, offers for sale, and shipments
where and how the disclosure occurred
who was present and under what conditions
whether any NDAs were in place
whether foreign rights still matter to you
Then I determine:
whether you’re still within the U.S. grace period, and
whether it still makes sense to pursue a patent.
When it may still be worth filing
Even after a public disclosure, it may still be worth filing if:
you’re within the U.S. grace period, and
the invention is still new over the prior art, and
your main market or enforcement goal is the U.S.
But the key thing is: every month of delay shrinks your margin for error.
When the answer is “no, you’re too late”
There are times where the honest advice is:
You are outside the safe window.
Key deadlines have passed.
Your invention has been publicly available too long.
In those cases, spending thousands on a patent application may only create a false sense of security. Sometimes, a Red Light is the responsible answer.
The bottom line
If you’ve already shown or sold your product:
Don’t assume it’s hopeless.
Don’t assume it’s fine.
Stop further disclosures if you can.
Get a consultation and reconstruct your timeline.
Then I can have an honest, fact-specific conversation with you about what’s still possible.
A consultation gets you a straight answer about what protection fits and what it should cost, before you spend real money.
Book a Consultation