Disclosure

Disclosure is the act by which an invention, a creation or a piece of information is brought to the knowledge of the public. Its effects vary with the right concerned. In patent law, disclosure before filing destroys the novelty of the invention. In design law, it is tolerated during a grace period. In copyright, disclosure is a moral prerogative of the author. In trade secrets law, unlawful disclosure is a sanctioned wrong.

Disclosure in patent law

First, any disclosure prior to the filing or priority date, whether by a third party or by the inventor, brings the invention into the state of the art. A scientific publication, a presentation at a trade fair, a sale or a communication to a customer without a confidentiality clause is enough. Second, the law provides only two exceptions: disclosure resulting from an evident abuse in relation to the applicant, and display at an official exhibition within six months before filing. Third, a communication made under an obligation of confidentiality does not constitute a disclosure. The provisions can be consulted on Légifrance.

Disclosure in design law and copyright

For a design, the creator benefits from a twelve month grace period: disclosure made by the creator, or with the creator’s consent, during that period destroys neither novelty nor individual character. The period allows the market to be tested before filing. In copyright, the right of disclosure, a component of moral rights, reserves to the author alone the decision to communicate the work to the public and to set its conditions.

Key points

In practice, managing disclosure is a matter of corporate discipline: confidentiality agreements before any presentation, patent filing before any publication, traceability of exchanges with partners. A lapse of vigilance cannot be repaired. The firm advises companies on these procedures and acts where disclosure is invoked as a ground of invalidity or amounts to a breach of trade secrets, as presented on the page trade secrets attorney.