Can an inventor’s own disclosure bar them from obtaining a patent?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an inventor’s own disclosure can potentially bar them from obtaining a patent if it occurs more than one year before filing the patent application. The MPEP states:

“If one discloses one’s own work more than 1 year before the filing of the patent application, that person is barred from obtaining a patent.”

This principle was affirmed in the case of In re Katz, 687 F.2d 450, 454, 215 USPQ 14, 17 (CCPA 1982). It’s crucial for inventors to be aware of this rule and to file their patent applications within one year of any public disclosure of their invention.

This rule applies to various forms of disclosure, including public use, public sale, publication, or any combination of these. The key is that the public came into possession of the invention more than one year before the U.S. filing date of the patent application.