Before You File
The decisions that shape a patent most are made before filing: what to keep secret, what to record, what to disclose and who may file.
8 lessons · 39 min
Start the course
5 minDecide between a patent and a secret before you sell
Patents and trade secrets protect against different threats, and selling a product can close the patent option.
5 minRecords no longer win a race, but they win disputes
First-to-file ended the race to prove the earliest invention date, yet records still decide who invented, what was communicated and when.
6 minGrace periods are a rescue, not a plan
Only some countries forgive your own disclosure, each counts the time differently, and none stops a third party who files first.
5 minSecret sales, posters and pushes to GitHub can all start the clock
Public accessibility decides what counts as a printed publication, but a sale can count even if the public learns nothing.
5 minTreat AI prompts as an unadjudicated risk
No authority has decided whether an AI prompt is a public disclosure, so the risk depends on the tier of tool, the contract and the settings.
5 minSearch to decide, knowing you cannot see everything
A search helps you make better decisions, but it cannot prove novelty, because recent filings are still unpublished.
4 minYou need not search, but you must disclose what you know
Searching does not raise the legal standard, but it changes what you know, and known material information must be cited.
4 minYou may file alone only if everyone is a US-domiciled individual
A US-domiciled individual can still file without a practitioner, but a company or anyone domiciled abroad cannot.
The Academy is general education, not legal advice, and reading it doesn't create an attorney-client relationship. Patent law and fees change, so check the linked sources and have a registered patent attorney or agent review your situation before you file. Obsidyan sells patent software, including AI drafting tools, so weigh what these lessons say about AI tools with that in mind.