Intellectual Property Forums (

(Message started by: rgbonk on Dec 20th, 2006, 8:00am)

Title: Sharing My Art w/o NDA
Post by rgbonk on Dec 20th, 2006, 8:00am
After several years of development and prototyping I have finally filed my utility patent.  Understanding that it will take 2+ years for the patent process to take its course AND that I will not have benefit of patent protections until the conclusion of this process AND that I may be at "some risk" exposing my art at this time:

1) Can I share my art with others without an NDA?

2) Can I give away or sell 500+- sample units of my art to various end users?

3) Can I use the term "patent pending" together with my art?

Thank you,   ???   :)   :)


Title: Re: Sharing My Art w/o NDA
Post by Wiscagent on Dec 20th, 2006, 11:28am
1) Yes.
2) Yes.
3) Yes.

Regarding (1) and (2) there may be a business risk associated with publicly disclosing your invention before you have patent protection.  The risk is that someone else, perhaps better financed than you can get the product into production and establish a business before you.  Whether or not to disclose the invention at this time is a business decision you will have to make.

Since you have already filed a patent application, there is no patent-related risk with publicly disclosing your initial invention.  You may develop new inventions as you scale-up production; keep in mind that your initial application can only protect you for what is disclosed in that application.  Any new invention would require a new patent application, if you wish to shelter that new invention.

Title: Re: Sharing My Art w/o NDA
Post by LF on Mar 8th, 2007, 11:57am
I think the last part of the previous advise is critical. If you make any improvements that affect what your specification and claims cover in your application, it's really important you continue to protect those via further patenting. 8)

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