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PATENT-FUNDAMENTALS5 MIN READ

File before the disclosure clock starts

Identify public-disclosure moments that should trigger patent review before external communication.

The move: sequence disclosure deliberately. A patent-sensitive disclosure is any outside communication that makes the invention available to people who are not bound to keep it confidential. The risk is not the label on the meeting; it is whether the audience can learn the technical solution. Use a three-part screen. First, ask whether the material reveals how the invention works, not just what benefit it creates. Second, ask whether the audience is under a real confidentiality obligation. Third, ask whether a filing or no-file decision has been made for the revealed subject matter. If the answer is unclear, do not…

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