THE BASICS
What a patent protects
A patent can cover an invention, or separately a product design, but only after it's applied for, examined and granted.
Patents cover inventions that are new, useful and not obvious (and, separately, product designs). Unlike copyright, nothing happens automatically. An application is filed, an examiner reviews it, and a patent is granted only if it meets the rules.
Timing matters. Public disclosure can affect patent rights. The US has a limited grace period after some disclosures, but it doesn't cover every case, and many countries have none.
A provisional application sets an early filing date; to keep it, a full application is filed within 12 months. It's a common first step, but it isn't a patent.
A patent attorney says whether a patent fits and scopes the cost. Pathset never asks how it works.
Why this matters to your business
For an inventor, the order of events matters. Showing a product in public, pitching it or selling it can affect patent rights, and that can be hard to undo. Investors in hardware and technology commonly ask what has been filed, and when.
What an attorney will want to know
- When the invention was first shown, sold or described in public
- Who worked on it, and any agreements with them
- Any earlier filings, such as a provisional application
- The countries where you might sell it
Ask your attorney
What should I hold back before I show this to anyone?
Would a provisional application make sense at my stage?
What would a patent search and application involve for me?
General information, not legal advice. An attorney confirms how this applies to you.