What if I am about to publish something?
Anyone who is going to publish an article, whether it be in a scholarly journal, the trade press, or elsewhere, would
be wise to consider whether such a publication would be a bar to patent protection. For example, where it is
desired to get patents in countries other than the United States, it would be wise consider filing a patent
application prior to the publication. If you are quite sure you will not want patent protection in countries outside of
the U.S., and if the only patent protection you think you would ever want is protection within the U.S., then you
might take advantage of the one-year grace period offered by U.S. patent law. In such a case you would mark the
one-year anniversary of the publication on a calendar and be sure to file the patent application before the year was
Even if you are sure there is no reason to rush the patent filing, there are reasons why it is wise not to allow almost
the entire year to pass, for example because it takes a while to prepare and file a patent application. Also, the date
you file a patent application sets a limit on the prior art available to the Patent Office in rejecting your patent
application. The sooner you file the application, the less prior art is available to the Patent Office to be used to
oppose your patent application..