Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

I know that once I start selling the app and it is out in the open I can't apply for a patent. I now also see there are various stages in the application process: file, search and examination.

At what point is the process started so that once I start selling I don't invalidate my own patent?

share|improve this question

1 Answer 1

The rules are different for the U.S. and almost everywhere else. In the rest of the world when a patent is applied for the claimed subject matter needs to be new compared to whatever has been known the the public. In the U.S. we have a one year grace period before your own work can be used against you. If you file in the U.S. and then disclose, you can still file a foreign application if it is done within a year. Regarding dates - only the filing date matters.

share|improve this answer

Your Answer


By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.