Did I Just Ruin My Invention by Talking About It? A Patent Attorney’s Guide to Public Disclosure in the U.S.

If you’ve ever walked out of a pitch meeting and felt your stomach drop, thinking, “Did I just ruin my invention by talking about it?” after showing someone your invention. Whether you neglected to, or simply did not think about having them sign an NDA…you’re not alone.

As a U.S. patent and IP attorney, I hear versions of the same question all the time:
“I talked about my invention… did I just ruin it?”

Sometimes the answer is not necessarily.
Other times, you may have started a clock you didn’t know existed.

Patent law has a way of punishing good intentions. Even though you may be excited, proud, and careful in your own mind, you can still accidentally create legal problems just by sharing too much, too soon.

Understanding “public Disclosure.”

Most people assume “public disclosure” means going viral online or holding a press conference, but in the U.S. patent law, it can be far more ordinary than that.

Common examples:

Pitching at startup competitions, demo days, or investor showcases
Posting how it works on a website, YouTube, LinkedIn, TikTok, or a forum
Sending a detailed deck to a company without a signed NDA
Handing out brochures, sell sheets, or slides that reveal the core features
Offering the invention for sale, taking deposits, or accepting pre-orders

If the public can learn the key details of your invention, the law may treat that as a disclosure.

The U.S. one-year grace period is supposed to be your safety net, not your plan!

Here’s the U.S. rule many inventors don’t learn until they’re already in trouble:

If you publicly disclose your invention, you generally have up to one year from that disclosure to file a U.S. patent application.

Although that sounds comforting, remember how fast a year goes when you’re building a product, raising money, and juggling life.

Also, not every disclosure looks obvious in the moment. The “date of disclosure” might be:

The day you presented your slides
The day you posted a video
The day you started taking orders
The day you sent technical details to someone who had not signed an NDA / under confidentiality

This is why inventors often find themselves unsure of when the clock “started,” and that uncertainty can be dangerous.

You could be asking yourself, “Does showing my idea to my company count as public disclosure?”

It depends on the details, and that’s why people get nervous after the fact.

If you show your invention to a company without a signed NDA (or without a clear confidentiality relationship), you may be creating risk. Even if the company acts ethically, the legal issue isn’t always “theft.” The issue is whether the invention became publicly accessible or commercially exploited in a way that affects patentability.

Practical reality: It’s better to treat every meeting like it could become public later, and share only what’s necessary until you have a filing strategy.

Pitch competitions: the hidden disclosure trap

Competitions feel “private,” but they often aren’t.

They may include:

Recorded presentations
Public audiences
Judges who aren’t under confidentiality
Slide decks collected and stored by organizers

If your pitch explains the secret sauce—how your invention works, what makes it new, what makes it different—then your pitch may double as a legal disclosure.

The on-sale bar: selling too early can create big problems

One of the most overlooked U.S. issues is the on-sale bar.

In general terms, if an invention is on sale before a patent application is filed, that can create serious patentability problems.

This comes up in situations like:

Taking deposits or pre-orders
Signing sales agreements or purchase orders
Offering “early bird” pricing for a product that isn’t filed yet

Entrepreneurs often do this to prove market demand. That makes business sense—but it can create patent risk if the timing isn’t handled correctly.

A composite example: the pitch that started the countdown

A founder builds a clever consumer product and presents it at a well-known pitch event. Their slides include the technical mechanism that makes it work. People clap, ask questions, and the founder leaves energized.

Months later, when it’s finally time to “do the patent,” they learn the pitch may have started the one-year U.S. filing clock, and the timeline is now much tighter than they expected.

Nothing about the invention changed. The deadline did.

First-Inventor-To-File System

Since the U.S. is a first-inventor-to-file system, the person who files first usually has the advantage. Yes, you still have to be a real inventor (you can’t just steal an idea and magically own it), but proving someone derived your invention from you is often difficult, expensive, and time-consuming. That’s why inventors shouldn’t rely on “I can prove I came up with it first.” In practice, the safer move is to control disclosures and file early enough to lock in a priority date.

What to do right now if you have already talked about your invention

First: don’t panic.
Second: stop making the problem bigger.

Here are smart, practical steps you can take today:

Write down what you shared, with whom, and on what date
Save your slides, emails, drafts, posts, links, and screenshots
Don’t post additional details about how it works
If you’re meeting others, use an NDA when appropriate
Speak with a U.S. patent attorney sooner rather than later, especially if you’re within that one-year window

How a provisional patent application fits in (and why quality matters)

A provisional patent application can be a useful tool in the U.S. to establish a filing date while you continue developing the invention. Typically, you have 12 months from the provisional filing to file a nonprovisional application claiming priority to it.

But a provisional isn’t a magic stamp. It needs enough detail to actually support what you later claim. A rushed, thin provisional can give you a false sense of security.

Quick tips to avoid accidental U.S. disclosure problems

Do:

Keep invention details confidential until you file something
Share only what’s necessary for the conversation you’re having
Treat pitch decks like they could be forwarded
Track your disclosure dates like you track your finances

Don’t:

Post the mechanics online “to prove you made it.”
Assume “it was a small group” means it was confidential
Take orders or sign deals without thinking about filing timing

How Tucker Law supports inventors in real life

When time matters, responsiveness matters. At Tucker Law, we focus on hands-on, plain-English guidance so you understand your options before you accidentally give away leverage.

That means:

Clear, practical advice about what to share (and what not to share)
Filing strategies that match your business goals
Strong documentation and thoughtful drafting
Prompt communication when deadlines are involved

We have a solid track record helping people protect valuable ideas, but we’ll always be candid: patentability depends on the details. No hype, no guarantee, just careful work.

If you’re worried you already disclosed, don’t guess

If you’re asking, “Did I just ruin my invention by talking about it?” the safest move is to get clarity while you still have options.

Call Tucker Law at 1-800-TUCKERWINS. We’ll help you understand whether your disclosure matters under U.S. rules, what deadlines may apply, and what steps can protect your invention going forward.