There are certain dates that trigger deadlines for filing a patent application, called “bar” dates. No, these aren’t dates at the local pub. Okay, enough patent attorney humor. In all seriousness, bar dates can prevent you from applying for a patent for your invention if you’re not careful.
Bar dates are similar to the statute of limitations for bringing a lawsuit. For example, if you are hurt in a car accident, you may have a certain amount of time in which to file a law suit, or the judge may throw your case out as having missed the statute of limitations.
The concept is similar in patent law. In the United States, you have one year from the date of first public disclosure, public use, publication, sale or offer for sale of your invention, in which to file at least a provisional patent application, or you will be forever barred (hence the term “bar date”), or prohibited by law, from filing a patent application for your invention.
For example, if you had publicly disclosed, publicly used, published, sold or offered for sale your invention on December 1, 2010, then you must file at least a provisional patent application for your invention by December 1, 2011, or you are prohibited from filing for a patent application. Essentially, you would have donated your invention to the public domain.
Most foreign countries have an even stricter standard. In many foreign countries, you cannot have disclosed your invention at all prior to filing a patent application.
The particular circumstances surrounding any one of these events is important to determining whether you have triggered a bar date. Therefore, you should meet with your patent attorney right away to discuss your particular situation if you think you may have triggered a bar date.
Of course, it is always best to keep your invention confidential, and not disclose it to anyone, before you file at least a provisional patent application.
You might also be interested reading “Should I use a nondisclosure agreement (NDA)?“
