I Haven’t Filed a Patent Application Yet, What Deadlines Should I Be Aware of?


The United States allows a 1-year grace period from when you first publicly disclose your invention or sell it (or even offer it for sale). As always, there are caveats such as experimental use of the invention when the experimental use necessarily exposes the invention to the public.

But to be safe, you should assume that any public disclosure of your invention to a third party will start a clock that expires after one year. If you disclosed your invention to the public because you felt it was necessary (e.g., to sell the invention at a trade show), then you should engrave that date into your memory and make sure you file a patent application before one year has passed. Preferably, you will contact my office and retain me as your attorney well in advance of that date and I will assume responsibility for making sure a patent application is filed on time.

Related Topics:

Can I Tell Others About My Invention Before I File a Patent Application?

How Do I Protect My Invention in Foreign Countries?

What Does it Mean to Be “Patent Pending”?

What is a Patent Search?


Oppenhuizen Law PLC

625 Kenmoor Ave. SE, Ste. 301
Grand Rapids, MI  49546
United States