Limitations
First, the disclosure is
(2) Limitations:
not
Second, understand that “completing the invention” requires two distinct acts: (1) “conception,”
which, in this particular case, is established by preparation and filing the Disclosure Document, and (2)
reduction to practice, which can be “actual reduction to practice” (making and successfully testing a
working model or successfully carrying out a process invention) or “constructive reduction to practice”
(filing a patent application). Moreover, reduction to practice, whether actual or constructive, should be
completed as promptly as possible after the date of conception to avoid possible loss of rights.
a patent application. Unless a patent application is filed and a patent is
obtained, you will never be able to exclude anyone from making, selling or using your invention. The US
Patent and Trademark Office only retains Disclosure Documents for two years in the Disclosure
Document program. If a patent application is filed and the patent applicant requests transfer of a
Disclosure Document to the patent application as evidence of the date of conception, the Disclosure
Document will be transferred. Otherwise, it will be destroyed after two years.
To summarize, after you establish your date of “conception” by filing the Disclosure Document, you
still should proceed diligently to reduce your invention to practice in order to establish promptly the
crucial date of “completion” of your invention.
In view of the severe limitations of the Document Disclosure program, one is generally well advised
not to use it at all, but to establish dates of invention as discussed in Section 4.01, to proceed promptly to
find out whether or not the filing of a patent application seems advisable and, if it does, to file the
application promptly.
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