A public enabling disclosure of an invention triggers a 1-year deadline for filing a patent application on that invention in the US and disqualifies filing a patent application on that invention in most non-US nations. Public enabling disclosure of an invention refers to any communication or sharing of key information about the invention that makes it available to the public. Here are common examples of public enabling disclosure:
- Publishing in a peer-reviewed journal, book, or conference proceedings
- Presenting a talk or poster at a conference
- Posting information on any public online platform, including arXiv or bioRxiv
- Describing your invention (with enabling detail) to a non-UC Berkeley employee, such as an industry partner or collaborators at other institutions without a confidentiality agreement
- Posting open-source software, for example if it includes patentable algorithms
- Selling or offering the invention for sale, even in prototype form
What Does Not Count as Public Disclosure?
- Private communications that are covered by a confidentiality or non-disclosure agreement (CDA or NDA) with industry partners, or to a journal for review.
- Sharing the invention within your research institution or lab in a way that is not accessible to the public (e.g., internal presentations or reports).
It’s important to submit an invention disclosure to the OTL before any of the above actions to avoid jeopardizing patent rights.
If you have any questions about public disclosures, contact the OTL or submit your question through the IPIRA Concierge.