What is a Disclosure Document and Its Importance in Patent Law?

Definition & Meaning

A disclosure document is a formal record that outlines an invention and is signed by the inventor or inventors. This document serves as proof of the date of conception of the invention and is submitted to the United States Patent and Trademark Office (PTO). It can be submitted by any inventor, a joint inventor, the owner of the invention, or their legal representative, such as an attorney or agent.

While a disclosure document is important, it is not the only way to establish the date of conception. Other acceptable forms of evidence include notarized records or laboratory notebooks that are permanently bound and page-numbered. Typically, a disclosure document is kept for two years and is destroyed afterward unless referenced in a related patent application within that timeframe. It is important to note that a disclosure document does not equate to a patent application.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: An inventor creates a new type of eco-friendly packaging. They prepare a disclosure document detailing the invention and submit it to the PTO to secure their conception date while they work on a patent application.

Example 2: A group of inventors collaborates on a new software application. They each sign a disclosure document, which is then submitted to the PTO by one of the inventors to establish the date of conception for their joint invention.

Comparison with related terms

Term Definition Key Differences
Disclosure Document A record that outlines an invention and establishes the date of conception. Not a patent application; serves as preliminary evidence.
Patent Application A formal request to the PTO to obtain a patent for an invention. Includes claims and detailed descriptions; legally binding.

What to do if this term applies to you

If you have an invention and want to protect your conception date, consider preparing a disclosure document. You can use templates from US Legal Forms to create this document easily. If your situation is complex or involves multiple inventors, consulting a legal professional may be advisable to ensure proper submission and protection of your rights.

Quick facts

  • Typical retention period: Two years
  • Who can submit: Inventors, joint inventors, owners, or legal representatives
  • Not a patent application: Does not provide patent rights

Key takeaways

Frequently asked questions

A disclosure document is a formal record that details an invention and is signed by the inventor(s) to establish the date of conception.