For Pennsylvania innovators, the difference between a lucrative asset and a worthless idea often hinges on a single date on a calendar.

The Eureka moment is intoxicating. Whether you are developing a new medical device in a Pittsburgh incubator, coding revolutionary software in Philadelphia, or engineering a better manufacturing process in the Lehigh Valley, the instinct when you solve a major problem is to tell everyone.

You want to show investors, pitch at trade shows, and launch on Kickstarter.

As business attorneys, we hate being the ones to kill that buzz. But this warning matters. Stop.

Before you post that blog, shake hands with that vendor, or demonstrate your prototype at a public expo, you need to understand patent timing. In the world of intellectual property, the clock is always ticking, and an ill-timed disclosure can permanently destroy your ability to protect your invention.

This guide explains what Pennsylvania founders need to know about when to file and how public disclosure can eliminate patent rights.

The Golden Rule of Patent Law: It Is a Race to the Patent Office

The United States operates under a first-to-file system. This means it generally does not matter who invented the product first. What matters is who files a patent application with the United States Patent and Trademark Office first.

If you invent a breakthrough product on January 1st but wait until July 1st to file a patent application, you are taking a serious risk. If a competitor elsewhere independently invents the same product and files on March 1st, that competitor will likely own the patent rights.

Speed matters. The safest strategy is to file a patent application before disclosing the invention to anyone outside your company.

What Counts as Public Disclosure Under Patent Law

Why Founders Often Misunderstand Disclosure

Many founders believe public disclosure only means publishing a formal paper or appearing in the media.

Patent law defines public disclosure far more broadly. Almost any action that makes the invention available to the public without restrictions can qualify.

Common Public Disclosure Traps

Trade shows and demonstrations
Showing a prototype at a booth, pitch competition, or local technology event counts as disclosure.

Online content
Posting a video, publishing a blog, or sharing technical details on social media can all destroy patent rights.

Crowdfunding campaigns
Launching on Kickstarter or Indiegogo almost always publicly discloses the invention.

Offers for sale
Even offering to sell the invention to a potential customer can trigger the on-sale bar. This can happen even if the offer is confidential and no sale occurs.

The Critical Divide Between the United States and International Patent Rights

United States patent law provides a one-year grace period. After a public disclosure, you have exactly one year to file a United States patent application. Filing even one day late means your own disclosure becomes prior art and the patent will be denied.

International Markets Have No Safety Net

Most international markets do not provide a grace period.

Europe, China, and many other jurisdictions require absolute novelty. A public disclosure before filing can permanently destroy international patent rights.

For Pennsylvania companies planning global growth, relying on the United States grace period is extremely risky. Filing must occur before any public disclosure.

Strategic Tools to Protect Patent Rights While Growing Your Business

Non-Disclosure Agreements

Before sharing details with vendors, partners, or early-stage investors, ensure a strong non-disclosure agreement is in place. Confidential disclosures generally do not count as public disclosure.

The Provisional Patent Application

The provisional patent application is one of the most valuable tools for startups.

A provisional application establishes an early filing date with the USPTO. It is less formal and less expensive than a full patent application and lasts for one year. During that year, you can label your invention as patent pending and speak freely with investors and partners, knowing your filing date is protected.

Do Not Gamble With Your Company’s Most Valuable Asset

Intellectual property is often a company’s most valuable asset. Launching first and seeking legal guidance later can permanently eliminate patent protection.

If you are preparing for a public demonstration, crowdfunding campaign, investor pitch, or product launch, speaking with experienced intellectual property counsel before disclosure is critical. A short strategy session before disclosure costs far less than losing patent rights forever.

Protecting Patent Rights Before Product Launch or Investor Pitches

If you are developing a new product, software platform, or invention and want to protect your patent rights before going public, speak with an attorney who understands both business strategy and intellectual property law. Nathan Wenk of Spengler & Agans regularly advises Pennsylvania innovators on patent timing, disclosure risks, and pre-filing strategy. Schedule an online consultation to receive guidance tailored to your business goals and growth plans.