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[Sun]

Lets assume I have an invention, and during the development of my invention I disclose my invention to a 3'rd party after I had then sign an NDA.

Now, this 3'rd party goes and without my knowledge publicly discloses my invention.

I am interested to learn if this publication of my invention by a 3'rd party that is signed on an NDA, is considered as a publication that will ruin my ability to later file and obtain a patent for my invention.

With respect to the US I am aware of the 1 year grace period and therefore let's assume with respect to the US that I want to file such an application more than 1 year from the publication.

[MYK]

Yes, in the U.S., the disclosure is considered one that would affect patentability.  In the U.S., it would start the clock on your one-year grace period.  If you filed more than one year after the third-party disclosure, in the U.S., you would be barred from getting a patent.  Your recourse would be to sue the third party under contract law, since an NDA is a contract.

This was tested on one of the last few printed USPTO registration exams, so if you download the exams from 2000-2003 and search through the questions, you should be able to find it.  Perhaps one of the patent bar review websites has the answer and analysis.  As I recall, the fact pattern in the question involved a female inventor who developed an invention for the auto industry.

[Ghoti]

If you are interested in outside of the US, some countries (while they don't have the US 1 year grace period) they have a their own grace period for situations where the invention was disclosed without the inventors consent (as in your example).

If you are looking outside of the US, you'd want to find out quickly what that grace period would be (if available) for each of the countries your're interested in.

[bartmans]

If you are interested in outside of the US, some countries (while they don't have the US 1 year grace period) they have a their own grace period for situations where the invention was disclosed without the inventors consent (as in your example).

For Europe such a possibility is arranged for in Art. 55 EPC ('grace' period of 6 months). However, please note that according to the case law you should be able to prove that the third party that published the invention had the intent to harm the inventor/applicant.

Regards.

[MYK]

Thanks, Ghoti and Bartmans.  You two answered EXACTLY what my question was when I was writing that -- "what happens elsewhere?"  We really get it pounded into our heads in patent law classes that the rest of the world MOSTLY requires "absolute novelty" (because of malpractice liability if we fail to advise an inventor about that), but nothing about the rare exceptions.

[Patent Agent]

3'rd party after I had then sign an NDA.
Now, this 3'rd party goes and without my knowledge publicly discloses my invention.

Yet another disadvantage to NDAs.  You could read about a few others here: http://integrityip.com/GGL/Patent/Non-DisclosureAgreement.aspx  I don't like them at all.  Too many holes.