Key Takeaways

  • A patent disclosure provides a complete written description of an invention, showing how it works and why it’s unique.
  • A strong disclosure includes detailed drawings, examples, and embodiments to satisfy the USPTO’s enablement and best mode requirements.
  • Patent disclosure examples demonstrate how inventors describe novel features, provide context, and define claims to avoid ambiguity.
  • Inventors should disclose early but strategically to avoid novelty bars and protect their rights internationally.
  • Patent attorneys can help draft and refine disclosures to maximize protection and minimize rejection risks.

What Is a Patent Disclosure?

A patent disclosure is a public claim of data about an invention. In general, it is any part of the patenting process in which data regarding an invention is disclosed. A good disclosure tells someone else how to create the product.

Why Is a Patent Disclosure Important?

The U.S. Constitution gives Congress the right to offer exclusive rights to people for their inventions for set periods of time. This is only if and when the inventor agrees to adequately disclose the invention in writing.

A formal patent disclosure is used by people who are involved in preparing a patent application, such as inventors and attorneys. It stipulates a set of claims regarding the invention, as well as other data that reveals the unique nature of the product. It should be expressed in writing with the United States Patent and Trademark Office (USPTO) as part of the patent application.

Formal patent disclosures done successfully with the USPTO can result in several advantages for the inventor:

  • Investments
  • Competitive advantage
  • Market share

What Is Included in a Patent Disclosure?

  • The Specification. A primary disclosure or "specification" is a main document in a patent application. It describes the ways in which the invention is innovative compared to similar inventions and explains the scope of monopoly the applicant believes he or she has to the invention. The specification describes the item and the way to make and to use it, in clear and exact terms. Someone in the field must be able to reasonably create it with these instructions. Further, the specification notes the patent application filing date on which inventor can the rely. It also offers evidence that the invention belongs to the person in question.
  • The Enablement. This explains how to create the object and how someone in the field can do so. The instructions cannot be vague or unclear, but must be exact and detailed. When the patent expires, the enablement should still be usable. This section should include any figures or drawings, with explanations. Again, you will want to show how your invention is special. So, you might want to include many details and different variations of the invention. Later, many of these variations may be deleted from the document as unnecessary. This section may be numerous pages long.
  • Best Mode Requirement. The path revealed must be the best way of creating the item within the author's awareness at the time of filing. Therefore, it may include specific or unique techniques. There should be no concealment. A poor-quality disclosure can risk the appearance of concealment.
  • Claims. This area tells the reader the exclusive rights the patent offers to the inventor. This explains the item or part of the object that is special. Its newness underlies the claim to its ownership. This list should be in simple and direct sentences. Each sentence will describe something about the object that is new. This will then reveal the monopoly the inventor has. The minimum number of claims is one. A claim can also reference an earlier claim and take on its limitations. This is called a "dependent" claim, and is more limited in scope than the earlier one. Patents protect only what's claimed — not the entire description. Therefore, any information given but not part of the claim may not be protected. If it's not linked to a claim, don't include it. No claim means no protection.

The above elements can be formatted within a simple layout to include the following:

  • A title in 5 to 12 simple and basic words.
  • The field of the invention. Two sentences are recommended to classify the invention.
  • The invention history or background. This explores and explains the challenge that the invention resolves. Don't describe the invention; describe the problem only. Make this quite short.
  • A review of previous art and a further background study. Describe in basic terms how people have tried to solve the problem in the past. Explain why previous attempts didn't work. Include copies of this prior work, or at least explain them in detail. This is not an essential part, but it's a good idea to include it because there is less chance another person will make use of the patent information, and you could avoid infringement.
  • Invention summary. Include basic terms and features of structure. These would express the way this product is new and unlike others. It's important that this part reflects what you write in the claims section in order to show why the claims are valid. This part may be a few paragraphs long.
  • A list of figures and drawings.
  • Descriptions of preferred embodiments. This tells how to build the invention and may refer to the figures and drawings.
  • An abstract. This is a final summary, which gives the reader a synopsis of the claims, but in a clear, brief form of about 150 words.

The disclosure should either be typed or handwritten in ink. It should be signed and dated by the inventor, as well as by any other creators. Also, someone who comprehends the technology should read, sign, and date the disclosure, to be a witness to the application.

Patent Disclosure Example and Structure

A clear patent disclosure example typically includes a structured presentation of the invention’s components and functions. For instance, a disclosure for a smart irrigation system may outline how sensors detect soil moisture and automatically adjust water output. Each section must enable someone in the field to replicate the invention without undue experimentation.

A well-prepared disclosure includes:

  • Title and Background: Define the problem your invention solves and summarize previous solutions.
  • Summary of the Invention: Highlight the unique features and advantages over prior art.
  • Detailed Description: Provide a step-by-step explanation of how the invention works, supported by diagrams.
  • Claims: Describe the scope of protection you seek.
  • Example Embodiments: Offer variations that demonstrate flexibility or alternative implementations.

For example, in the case of a wearable health monitor, the disclosure might explain how the sensors capture biometric data, the algorithms that process it, and possible configurations for wristbands or patches. This not only clarifies the invention but also strengthens its patentability.

Should I Include Other Patent Contributors?

  • Sometimes, it can be difficult to determine who falls into this category. It's best to cover your bases by including anyone who contributed creatively or innovatively to the product. If you're not sure, you should include the person. The final choice about who the inventor is will be decided by your lawyer, who will discuss issues with the people named and figure out which parts of the creation truly can be eligible for a patent.
  • Therefore, tell your lawyer about your dues to your employers, any consulting agreements, or other funding issues that can make the ownership of rights vague. Look into them with your lawyer before you apply for the patent.

When Can A Patent Disclosure Occur?

Disclosures are usually made as part of patent applications. You can file a disclosure before your patent application, but keep in mind that some other countries have "novelty bars." These mean that, by placing a disclosure before your application, you might limit your ability to get full patent protection there. For example, in the United States, there is a one-year term called a "disclosure window." This means that you have one year after your disclosure to file a full patent application. This window differs from country to country.

Non-disclosure agreements are possible when filing. These mean that the person filing the agreement feels the data is confidential. However, NDAs are challenging to enforce in reality. An alternative which can sometimes be more applicable is to use both a non-disclosure and non-competition agreement. Still, it's difficult to do so because some people and companies will not sign these.

Timing and Public Disclosure Considerations

The timing of a patent disclosure is critical. In the United States, inventors have a 12-month grace period after public disclosure to file a patent application. Beyond this period, the invention may be considered prior art and ineligible for protection. However, most other countries have an absolute novelty rule, meaning any public disclosure before filing can void patent rights.

To protect your idea globally, it’s best to:

  • File a provisional patent application before public presentation or publication.
  • Avoid publishing technical papers, presenting at trade shows, or discussing details without NDAs before filing.
  • Keep precise records of disclosure dates and audiences to demonstrate compliance.

An early, well-timed disclosure helps establish priority and can attract investment, but must balance openness with confidentiality.

Should I File a Patent Disclosure on My Own?

When you're ready to work on your patent application, you'll want to seek the help of a patent lawyer. However, if you can, try to do some preliminary work on the application on your own first. This will help you familiarize yourself with the procedures of patenting and gain a good understanding of what's important and what isn't. Doing some of the work will also help you check whether your invention really has the potential for patent, and that it's worth going to the next stage with a lawyer.

  • Write about your invention in very basic terms. Don't worry about impressing the reader or making people feel confident about your knowledge on the subject. The key message to convey is why your invention differs from others and what is new about it.
  • Less is more. Again, try not to add extra details which do not reveal the newness and utility of the product. You do not need to offer background technical information regarding how the patent operates, unless that is truly relevant to claims involving differentiating the object from others.

Working with a Patent Attorney

While it’s possible to draft your own patent disclosure, working with a patent attorney provides significant advantages. Attorneys ensure the disclosure satisfies USPTO enablement, written description, and best mode standards. They also help avoid overly broad or narrow claims that could invite rejection or limit protection.

A skilled attorney can:

  • Review the disclosure for clarity, completeness, and compliance.
  • Identify additional embodiments or variations to broaden the scope.
  • Advise on international filing strategies and prior art searches.
  • Help transform a simple invention summary into a fully defensible patent application.

Even if you prepare the initial draft, an attorney’s review ensures the document meets legal standards and aligns with your commercialization goals.

Tips and Warnings

  • When you complete your disclosure, indicate any kind of commercial use, sale, or public disclosure that has already occurred. This is recommended since these can counteract your patent rights. It's especially helpful to talk to your lawyer about such situations; he or she could advise you whether you've already lost your rights, or if, on the other hand, you can resolve the situation by filing immediately. Once again, bear in mind that the U.S. offers a one-year time span between disclosure and filing, and some other countries don't. That's another factor to bear in mind when considering whether you've lost your rights prematurely.
  • As long as you've filed prior to commercial use or public disclosure, you can also file in some other countries within the year after the filing date and you won't lose your rights.
  • Always check with your lawyer regarding the patentability of your invention before you begin with commercial use, sale, or public disclosure.

Can I Disclose My Idea To My Family Or Friends?

The best protection is to move ahead with a full patent application and to wait until you have the parent in hand. This will reduce your risk regarding sharing your idea with others.

On one hand, sharing with family and friends is not the same as sharing with the public. And, when doing so, you are requesting their confidentiality. In legal terms, this may not harm you.

However, it is always possible for someone to say something to someone else by accident. And, even if someone does not do so, he or she may say a related idea which inspires its realization in someone else's mind.

Other Types of Patent Disclosure

  • Talking to others in private meetings. You can't ever completely protect yourself, but you can do your best to minimize risk. When dealing with companies, try to get a signed non-disclosure agreement or free forms of legal protection such as copyrights and unregistered design rights.
  • Public disclosure before a patent is granted. This is dangerous because the disclosure could be considered prior art when the patent application is examined. Avoid media and open competitions — they are only acceptable once you have a patent in hand. The same is true for student projects and publications.

Typically safe situations for disclosure are when you're dealing with a lawyer, patent office personnel, or public servants.

Should I Disclose to Professionals?

It is advisable not to make non-confidential disclosures even after you've filed an application.

  • It is possible, though unlikely, to lose the eligibility of patenting by telling a single person — either before or after you've filed an application.
  • Often, applicants feel burdened by the expectation to disclose after filing. However, you can't take back info you've made public. Understand the risks you're taking.
  • If you disclose, and then a month later you come up with an innovative adjustment or improvement and would like to amend the patent, depending on what you already disclosed, you might lose the eligibility to do so.
  • Disclosures in confidence to select people, like talks with your lawyer, are acceptable. These don't become part of prior art.
  • Even talking within the constraints in a non-disclosure agreement has risks: Someone can break the confidence, and you may not have evidence to prove it.

Still, if you do have an application on file, in order for someone to seriously compete they would have to go out right away to file their application in order to compete with you — unless your application is not accepted, which can happen. Until you have a full patent granted to you, you have no patent rights. Others can still make or create your work.

Should I Get A Signed Confidentiality Agreement?

Due to the need to prevent public discourse, some people opt for confidentiality agreements. In this case, when the person who signed learns your idea, they are liable for damages if they reveal it — and they can be taken to court if you suspect they did.

Therefore, many people don't want to sign such agreements. Usually, it's not because they want to steal your idea. It's because they will be liable. Plus, if someone else comes up with the same idea as you, the finger may be pointed at them even if they're innocent.

Disclosure vs. Infringement

These protections are two separate things.

Protection against disclosure makes sure that you do not disclose your idea before or after you've filed your patent application (except to your patent lawyer). If you don't protect yourself against disclosure, then someone can apply the data and make a profit. Plus, you might lose the chance to get a patent.

Protection against infringement, however, signifies the formal legal methods needed to protect yourself from someone who infringes on your monopoly once your patent has been granted.

How To Deal Effectively with Patent Disclosure

  • Protect yourself, but don't become too worried.
  • Don't request payment for your idea prior to disclosure.
  • Before talking with companies or others, especially when you don't have a confidentially agreement yet in place, decide in advance what you want to say. Perhaps you will decide to tell them some aspects without sharing the inventive parts. By sharing generally ("it's a unique chair") you might be okay — just don't say what makes this chair so special.
  • Recall that the more technicalities you mention, the more the risk.
  • Talk about the competitive perks of the idea, but not how they are that way — for example, it's more affordable, it's more attractive, or it's more user friendly.
  • Be assertive, yet respectful about your needs to prevent disclosure. If people really want more detail, state that you would need a NDA. If they aren't interested, move on before revealing anything, and if they do sign, still be careful to offer as little as possible. If you have the NDA signed by an expert in your product's area, be wary and mindful when talking. Even a few details may be all they need to get a sense of the concept.
  • Don't be fooled by people who state they'll sign an agreement, thinking that they'll buy your work from you. They might just want to talk you into buying services from them. They could be misleading you into thinking that they are helping you, when they're only embracing your optimism. Intelligent inventors often have a natural and rightful degree of passion, and some people take advantage of it.
  • Some companies, like manufacturers, often sign confidentiality agreements. It's part of their work. However, it's best to wait until you have the patent in hand (not only an application) before you tell them details.
  • Patent lawyers are generally obliged to confidentiality. This is true even if you talk to them but don't hire them later. This is the law. It stands even when the data goes public (this is not the case for confidentiality agreements, however).
  • You can offer a very general summary and show some vague pictures to give an idea without offering up the data needed to copy your idea.

Common Mistakes in Patent Disclosures

Inventors often make errors that weaken their applications. Avoid these common pitfalls:

  • Insufficient detail: Vague or incomplete descriptions may cause USPTO rejections for lack of enablement.
  • Omitting best mode: Not disclosing the best-known way to make or use the invention may invalidate claims.
  • Premature disclosure: Publicly sharing too early can forfeit international rights.
  • Inconsistent terminology: Use consistent terms for parts and functions to avoid confusion.
  • Failure to document improvements: Each version or enhancement should be separately recorded and dated.

Strong patent disclosures clearly differentiate the invention from prior art, include practical examples, and anticipate potential examiner challenges.

What If An Investor Wants to See My Work?

It's reasonably common that serious investors will want to see some of your disclosure material. And, investors often don't want to sign confidentiality agreements. They deal with so many people, that doing this all the time is a liability for them. Therefore, get confidentiality agreements signed when you can, but also understand when others don't want to. If you can't get it signed, walk away and file for your patent. Have a lawyer help make it strong. When you have the patent awarded to you, return to that individual. This is the safest way.

Frequently Asked Questions

  1. What makes a good patent disclosure example?
    A strong example explains how the invention works, why it’s novel, and how someone skilled in the field could reproduce it. It includes claims, embodiments, and diagrams for clarity.
  2. How detailed should a disclosure be?
    It must be detailed enough to allow replication without experimentation. Include technical specifications, processes, and alternative configurations.
  3. Can I file a patent disclosure before completing my invention?
    Yes. A provisional application allows you to secure an early filing date while continuing development.
  4. What happens if I disclose my invention publicly first?
    In the U.S., you have 12 months to file. In most other countries, any public disclosure before filing eliminates patent eligibility.
  5. Should I include trade secrets in a patent disclosure?
    Avoid disclosing proprietary information that isn’t essential to the patent claims. Once disclosed, the information becomes public upon publication.

If you need help with patent disclosure example, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.