PATENTS... DON’T TELL ANYONE !

Many new inventors believe that if they tell anyone about their idea before filing a patent, they automatically lose the right to apply. This fear is extremely common and often discourages inventors from seeking advice, feedback, development support or commercial validation. While it is true that careless disclosure can cause serious problems for patent protection, the reality is more nuanced. Not every conversation counts as public disclosure and not every private discussion destroys your legal rights. Understanding the difference between private communication and making an invention public is essential for inventors who need to discuss their project without jeopardising protection.

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WHAT THE LAW ACTUALLY SAYS

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The UK Intellectual Property Office makes it clear that if you make your invention public before filing, you risk losing the ability to obtain a patent. The crucial term here is “public” - not all disclosures count, but those available to the public without a confidentiality obligation are highly risky. Public disclosure means making your invention accessible in a way that people outside a confidential circle could observe, use or learn from it. Once that happens, the information is treated as “prior art,” and for a patent to be granted, the invention must meet the requirement of novelty as of your filing date. If essential parts of your invention have already been made public in an enabling way, it may be rejected for lacking novelty.

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WHAT COUNTS AS PUBLIC DISCLOSURE

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A large number of situations can qualify as public disclosure and inventors need to be aware of these. Showing your product on a website, social media, in an advertisement, on crowdfunding platforms, at a trade show, in a magazine or in any online publication all count as making the invention public. Demonstrating your invention in a public place without confidentiality protection can also qualify. If anyone can legally attend, observe or access the information without restriction, it is likely to be considered public disclosure. From that point on, the invention may be unpatentable, because the legal test for novelty has already been broken.

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PRIVATE CONVERSATIONS ARE NOT AUTOMATICALLY PUBLIC

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On the other hand, speaking privately to your partner, a friend, a colleague, a development company or even the proverbial “old lady next door” is not automatically considered public disclosure. It becomes problematic only when the information is shared under circumstances where it can be accessed, overheard, reproduced or broadcast beyond the private conversation. If you discuss your invention privately and the other party understands that the information is not for public disclosure, then you have not necessarily lost your patent rights. The law recognises the need for inventors to talk to manufacturers, designers, printers, developers, patent attorneys and commercial associates before filing.

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THE ROLE OF CONFIDENTIALITY AGREEMENTS

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While private conversation is usually safe, inventors should not rely on verbal understanding alone. A confidentiality agreement, also known as a non-disclosure agreement (NDA), is a simple legal document that binds the receiving party to keep your information secret. With an NDA in place, disclosure is considered confidential rather than public, meaning your patent rights remain protected. Using NDAs is sensible and professional when discussing inventions with suppliers, contractors, investors and development partners. However, many reputable patent attorneys and professional advisors automatically treat invention discussions as confidential under their professional obligations even without an NDA. Still, having written protection strengthens your position and avoids ambiguity or future disagreement.

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DISCLOSURE IS A NORMAL PART OF PRODUCT DEVELOPMENT

 

It is practically impossible to develop a new product completely alone. Most inventors need to speak to designers, engineers, researchers, suppliers, prototyping services, patent attorneys and commercial advisors in order to evolve the idea into a working solution. Keeping an invention locked away until filing can slow progress, limit professional support and sometimes lead to mistakes or weak patents. Many patents fail because they are written before the product is fully understood, tested or developed. A mature, validated concept usually results in much stronger patent claims and much clearer drafting, so communication during development is both normal and necessary.

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WHY PUBLIC DISCLOSURE CAN BE SO DANGEROUS

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Patent law is based on the principle that an invention must be new at the moment the patent is filed. If you disclose your invention publicly beforehand, examiners can reject the application on the basis that the invention is no longer novel. Even worse, if someone sees your idea, understands it and files their own patent first, the legal rights will likely belong to them and not you. This is why caution is essential. The invention can be discussed privately, but making it public before filing can be extremely costly, particularly if your idea has commercial value or market potential.

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INTERNATIONAL DIFFERENCES IN DISCLOSURE RULES

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Different countries approach pre-filing disclosure differently. Some jurisdictions, including the United States, allow a short grace period after public disclosure during which a patent can still be filed. The United Kingdom and Europe generally do not recognise grace periods except under very limited circumstances. For this reason, what might be acceptable disclosure in one region could instantly invalidate patent rights in another. Inventors seeking international protection should always assume that public disclosure is damaging and file before going public unless they have already consulted a qualified patent attorney about strategy.

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MANAGING DISCLOSURE WISELY

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The real question is not “should I never tell anyone”, but “how do I tell the right people in the right way without damaging my rights”. The safest approach is to limit discussion to trusted parties, use NDAs wherever feasible, avoid public exposure until filing and secure professional advice before releasing the invention to the open market. This balanced approach allows development to progress while preserving patentability.

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CONCLUSION

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The belief that you must never speak to anyone before filing a patent is an oversimplification that prevents many inventors from seeking the support needed to develop their ideas properly. What matters is not secrecy from everyone, but control over who receives information and under what conditions. Public disclosure can jeopardise patent rights, but private conversations, particularly under confidentiality, are an accepted and normal part of invention development. The sensible inventor protects their rights while still allowing the invention to mature, improve and evolve into a commercially ready product before filing. With careful management, you can speak to the right people at the right stage without risking your patent future.

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