| WHAT IS A "PUBLIC
DISCLOSURE" AND WHAT ARE ITS IMPLICATIONS?
Generally, public disclosure is any communication to someone
not obliged to keep the communication confidential. For patent purposes,
such a public disclosure can defeat patentability if it contains sufficient
detail about the invention to enable a person with "ordinary skill
in the art" to duplicate it. Thus, there are two essential elements
to public disclosure in patent law: It must be public and it must be enabling.
Once an enabling publication is made, U.S. patent law allows one year
of grace to file for a U.S. patent, HOWEVER, MOST FOREIGN PATENT RIGHTS
ARE LOST IMMEDIATELY UPON PUBLICATION. As publication may have
significant impact upon patent rights, careful planning and coordination
is needed by the inventor and the technology transfer staff to ensure
rights can be maintained. |