A patent “disclosure” refers to the complete description of an invention. It must be able to teach someone skilled in the art to build and use the invention. Most often, disclosure refers to the specification that gets filed to The United States Patent and Trademark Office (USPTO) for patent protection. This filing is considered a formal disclosure and the USPTO has rules regarding what it can and cannot entail to support getting a patent, which is why having a patent attorney is imperative. But there are a few more things to consider in regards to disclosure, even before the specification gets filed.
Prior Art: Alongside the formal disclosure of the invention, disclosure of any known prior art is required by the USPTO. This includes foreign patents, sales, or public uses that might affect novelty and obviousness of an invention. If this information is intentionally omitted from the formal disclosure, your patent may be deemed invalid.
The Invention Disclosure Form: This is a confidential document an inventor provides to describe their invention. It is a useful tool for a patent attorney in regards to conducting a search and opinion as to if it is worth moving forward with a patent application. The Invention Disclosure Form is considered internal confidential disclosure.
Public Disclosure Timing: Perhaps the most misunderstood aspect of disclosure is in regards to the timing of public disclosure. As soon as you make public disclosure of an invention, you have exactly one year to file the formal disclosure to the USPTO. While the USPTO offers this one year grace period, all foreign countries do not. Therefore, public disclosure before filing a patent application can destroy patent rights in foreign countries. Public disclosure includes presenting your invention at a trade show, conference, on the internet in any capacity, or even talking about it publicly.
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