| WHAT ARE EXAMPLES OF "PUBLIC
DISCLOSURE"?
1. Written publications: The publishing
of a manuscript, book chapter, journal article, proceedings, thesis,
pre-print, and the like are forms of publication.
2. Oral Presentations: Oral presentations may also
constitute public disclosures, but are sometimes held not to be public
disclosures for two reasons. It's harder to communicate the essence
of an invention orally, and it's harder to establish afterward exactly
what was communicated.
3. Prototypes and Samples: Providing prototypes and
samples of an invention can be a publication, depending on the circumstances.
If they are provided in order to be used for their intended purpose
(or if they are so used despite the intent), then publication has occurred.
If they are provided only for testing or evaluation, then publication
has probably not occurred.
4. Sale or Public Use: Any sale or public use of an
invention is a publication. It has also been held that offering a product
for sale (whether or not anyone buys) is a publication.
5. Meetings and Other Communications: Meetings with
peers employed by the same organization are generally not publications,
but the same meetings are publications if peers from other institutions
are involved.
6. Grant Proposal Submittals: It is common for technical
details to be included in proposals to potential research sponsors.
Proposals submitted to agencies of the Federal Government were publications,
since they were accessible under Freedom of Information laws. Recent
changes have eliminated that problem. However, affirmative action by
applicants is necessary to protect patentable details revealed in a
grant proposal. The first page of the proposal should carry the caption:
CONFIDENTIAL
THIS PROPOSAL CONTAINS POSSIBLE
PATENTABLE SUBJECT MATTER ON PAGES XX
- YY
List only those pages containing technical details;
then write the word "CONFIDENTIAL" on the top of each such page
(but only on those with technical details). |