IPRIMA - Intellectual Property Specialists

Novelty (see the article Have I reinvented the Wheel) is important for patents. Ideally a patent application is filed BEFORE there is any publication of the invention. In some instances, limited options may still apply if disclosure has occurred (see article What if Ive already Disclosed).

It is important that you understand that publications and acts which affect novelty include:public display or use of an invention;publication of details of the invention;commercial use of the invention, even if secret;sale or advertising for sale of the invention;disclosure or showing the invention to any party not under an obligation of confidentiality.

Sometimes there are exceptions (such as disclosure at certain conferences and events), but these may not be recognised in all countries. See the article - What If I've Already Disclosed?

For IP, timing is often critical. Once you start the filing process then other deadlines (which cannot always be changed) will be set for the future. Ideally your patent filing strategy will work hand in hand with your commercialisation strategy.

Example - 12 months after filing a patent application is the deadline for filing overseas, initiating an international PCT patent application, and finalising the information to be included in your patent. Your R&D should have been completed or advanced significantly by this date. Secondly, significant costs may be incurred at this stage (depending on your options) so ideally funding has been organised or revenue through sales and licensing is coming in. Filing an international PCT application will extend the deadline for filing in individual countries by a further 18-19 months (for most countries). By this time, your market research, licensing agreements, distributorships, and export strategies should be well underway so you can make an informed commercial decision about where to file. Our philosophy is that the IP choices should mirror your commercialisation strategies - not the other way around.