|Sent on:||Friday, July 26, 2013 12:47 PM|
Yes, agreed premature public disclosure can be fatal when seeking a patent, especially in Europe. A nonprovisional should be applied for before public disclosure (print or crowdfunding efforts).
There are details and details.
If you are dealing with a technology that contains patentable elements,
speaking "out of school" may come back to haunt. I am not an attorney,
but I have been present (as a consultant and "Expert" witness) often
enough when the date on which the material underlying a patent was
disclosed to outsiders was an important, if not THE most important,
issue. Premature disclosure, publication, or sale can be a serious
With regards to Silicon Valley vs Silicon Alley: I have dealt with firms
in both places, and practices vary. The other year, I visited a
well-known Silicon Valley-based firm to pay a social visit. Before
getting past reception, I was asked to sign a rather in-depth NDA. They
are not an absolute outlier.
Small startups tend to be looser, but whether this is a sound idea or
not is hard to say. Some openness is good; in other environments it can
Use care. Saying the wrong thing in a non-private forum can be severely
damaging down the road.
- Bob Gezelter, http://www.rlgsc.com
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