The America Invents Act (AIA) allows for a narrow grace period of one year after the first public disclosure by the inventor to file a US patent application. To know whether your public disclosure would qualify for a grace period, contact us.
In most other countries, however, the rights will be irretrievably lost. The decision to file a US patent application is still subject to an assessment of commercial potential. In certain cases, foreign rights are critical to commercial success, and the loss of such rights may even affect a decision to pursue US patent protection for the invention. Therefore, we strongly encourage inventors to contact us and submit an Invention Disclosure Form to our office as early as possible.