How to keep your disclosure from becoming prior art

The issue of public disclosure is a frequent concern for inventors looking to obtain patent protection. While it may often be safest to wait until at least a provisional patent application is filed before having any discussion regarding the invention with a third party, often a business case can be made for an early disclosure. By considering what actually constitutes a public disclosure, and the factors that courts take into account, it’s clear that avoiding any and all discussion of the invention may not be necessary.