On a regular basis, clients who want to file patent applications only come to see us after they have publicly disclosed the invention.  They are usually surprised to learn that they have lost rights due to the public disclosure.  In fact, it sometimes happens that the clients who have publicly disclosed the invention come to see us when it's too late for them to file a patent application anywhere.

So, I thought a brief review of how a prior public disclosure affects your ability to apply for patent protection would be helpful. 

First, the general rule is that - in most countries - a public disclosure of an invention before any patent application has been filed will bar you from subsequently filing a patent application for that invention. 

Second, there are a number of exceptions to that general rule.  For Canadians, the most important exceptions are legislation in Canada and the United States which allow patent applications to be filed up to one year after the first public disclosure of the invention.

And third, the result of the first two rules is that you may lose your right to apply for patent protection if you publicly disclose your invention and then delay filing (e.g., in the U.S. and/or Canada) more than one year after the public disclosure. 

What constitutes a public disclosure is sometimes a tricky question.  In short, any disclosure where the invention is made available to the public to be a public disclosure.  Generally, the courts in Canada have interpreted this broadly.  For example, showing your invention to friends or acquaintances to get feedback may be a public disclosure.     

In conclusion, if you think that you may want to apply for patent protection for an invention, you should consult with your patent agent before making any disclosure of the invention.