--- title: "Top Patent Tip: Keep Your Invention Secret Until Filing | FAL IP" description: Learn why keeping your invention confidential before filing for patent or design protection is crucial to maintain novelty and secure your IP. 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[![This is an image of the FAL IP logo by FAL Lawyers](https://fal-ip.com.au/hs-fs/hubfs/This%20is%20an%20image%20of%20the%20FAL%20IP%20logo%20by%20FAL%20Lawyers.png?width=200&height=67&name=This%20is%20an%20image%20of%20the%20FAL%20IP%20logo%20by%20FAL%20Lawyers.png "This is an image of the FAL IP logo by FAL Lawyers")](https://www.fal-ip.com.au) - [Home](https://fal-ip.com.au) - [Services](https://fal-ip.com.au/services) - [Trade Marks](https://fal-ip.com.au/trademarks) - [Designs](https://fal-ip.com.au/designs) - [Patents](https://fal-ip.com.au/patents) - [IP Legal](https://fal-ip.com.au/ip-legal) - [Industries](https://fal-ip.com.au/industries) - [Construction](https://fal-ip.com.au/construction) - [Food and Farming](https://fal-ip.com.au/food-and-farming) - [Manufacturing Technologies](https://fal-ip.com.au/manufacturing-technologies-and-consumer-products) - [Medical Devices](https://fal-ip.com.au/medical-devices) - [Resources and Mining](https://fal-ip.com.au/resources-and-mining-technology) - About Us - [Peter Francis](https://fal-ip.com.au/peter-francis) - [Rhys Munzel](https://fal-ip.com.au/rhys-munzel) - [Sarah Moorfoot](https://fal-ip.com.au/sarah-moorfoot) - [Latest News - Intellectual Property News Australia](https://fal-ip.com.au/blog-1) - [Payments](https://fal-ip.com.au/payments-pay-your-invoice-online-to-fal-ip) - [Contact](https://fal-ip.com.au/contact) - [Call Us Now](tel:+61396422252) ## [![This is an image of the FAL IP logo by FAL Lawyers](https://fal-ip.com.au/hs-fs/hubfs/This%20is%20an%20image%20of%20the%20FAL%20IP%20logo%20by%20FAL%20Lawyers.png?width=938&height=313&name=This%20is%20an%20image%20of%20the%20FAL%20IP%20logo%20by%20FAL%20Lawyers.png "This is an image of the FAL IP logo by FAL Lawyers")](https://www.fal-ip.com.au) [Call Us 03 9642 2272](tel:0396422272) [✕](https://fal-ip.com.au/blog/the-number-1-patent-tip-for-business#atbs-offcanvas-primary) - [Home](https://fal-ip.com.au) - [Services](https://fal-ip.com.au/services) - [Trade Marks](https://fal-ip.com.au/trademarks) - [Designs](https://fal-ip.com.au/designs) - [Patents](https://fal-ip.com.au/patents) - [IP Legal](https://fal-ip.com.au/ip-legal) - [Industries](https://fal-ip.com.au/industries) - [Construction](https://fal-ip.com.au/construction) - [Food and Farming](https://fal-ip.com.au/food-and-farming) - [Manufacturing Technologies](https://fal-ip.com.au/manufacturing-technologies-and-consumer-products) - [Medical Devices](https://fal-ip.com.au/medical-devices) - [Resources and Mining](https://fal-ip.com.au/resources-and-mining-technology) - About Us - [Peter Francis](https://fal-ip.com.au/peter-francis) - [Rhys Munzel](https://fal-ip.com.au/rhys-munzel) - [Sarah Moorfoot](https://fal-ip.com.au/sarah-moorfoot) - [Latest News - Intellectual Property News Australia](https://fal-ip.com.au/blog-1) - [Payments](https://fal-ip.com.au/payments-pay-your-invoice-online-to-fal-ip) - [Contact](https://fal-ip.com.au/contact) - [Call Us Now](tel:+61396422252) Share - - - [Patents](https://fal-ip.com.au/blog/tag/patents) [IP Legal](https://fal-ip.com.au/blog/tag/ip-legal) [Trade Marks](https://fal-ip.com.au/blog/tag/trade-marks) # The Number 1 Patent Tip for Business: Keep it Secret!! Posted on 3 Nov 2021 0 ###### *By [Rhys Munzel, Patent Attorney & Senior Associate](https://fal-ip.com.au/rhys-munzel)* It is very common for businesses introducing a new product to the market to consider intellectual property protection after the product has successfully launched. A business may say, “this is selling well, how do I stop my competitors from copying my product?” Business are then surprised to learn that their own sales or advertising of their product can be held against them in seek patent or design protection. ###### Most understand that an invention needs to be new before it can be validly patented or registered in respect of a design. For example, one cannot re-patent the radio or the television as these technologies are decades old. But what is meant by “new”? It is important that an idea not have been publicly disclosed before a patent or design application is filed. This means keeping the idea must be kept secret and not have been advertised, sold or used in public. For those contemplating bringing out a new product, the most helpful advice we can provide is “KEEP IT SECRET”. Speak to your lawyer or a patent attorney before disclosing your idea to anyone. ##### But what to do if the horse has bolted? Is all lost? Not necessarily. Many countries (though certainly not all) provide “grace periods”.  This is when a business can apply for a patent or design after it has been published. This allows a business who has just started marketing their product to take steps to protect their idea. Each country or territory will have its own rules around any grace periods it provides. Luckily, Australia provides decent grace period rights for patent applicants (providing a grace period of up to 12 months). Australia is also about to implement the same for design applicants. Another country which provides grace period rights include the US (where a 12 month grace period is provided). However, in terms of major markets, it is worth noting that the European Patent Office provides very limited to practically no grace period rights for patent applicants. ##### Key Takeaways   Therefore, importance of KEEPING YOUR IDEA SECRET until you have spoken to a professional cannot be understated. If you do need to disclose your idea outside your business, use a non-disclosure or confidentiality agreements. This will keep your rights in place until you decide whether to file for design or patent protection.  [![Rhys Munzel - Patent Attorney and Senior Associate](https://fal-ip.com.au/hs-fs/hubfs/Imported_Blog_Media/Rhys-Munzel-150x150-1.png?width=150&height=150&name=Rhys-Munzel-150x150-1.png)](https://fal-ip.com.au/rhys-munzel) Rhys Munzel - Patent Attorney and Senior Associate       ![FAL IP](https://fal-ip.com.au/hs-fs/hubfs/raw_assets/public/@marketplace/ATBS/Interia/images/grayscale-mountain.png?width=180&height=180&name=grayscale-mountain.png) [FAL IP](https://fal-ip.com.au/blog/author/fal-ip) Explore FAL IP's blog for expert articles on trade marks, patents, copyright, and AI in Australia. Stay informed on protecting your brand and innovations. - [Patents](https://fal-ip.com.au/blog/tag/patents) - [IP Legal](https://fal-ip.com.au/blog/tag/ip-legal) - [Trade Marks](https://fal-ip.com.au/blog/tag/trade-marks) [0](https://fal-ip.com.au/blog/the-number-1-patent-tip-for-business#comments) [Previous](https://fal-ip.com.au/blog/trade-marking-the-phrase-which-always-was-always-will-be) ### [Trade marking a phrase which “Always Was, Always Will Be” a phrase for the people](https://fal-ip.com.au/blog/trade-marking-the-phrase-which-always-was-always-will-be) [Next](https://fal-ip.com.au/blog/there-is-no-ai-in-copyright-r-ai-ght) ### [There is no AI in Copyright, r-AI-ght?](https://fal-ip.com.au/blog/there-is-no-ai-in-copyright-r-ai-ght) #### RELATED NEWS [![image](https://fal-ip.com.au/hubfs/This%20is%20an%20image%20of%20rhys%20munzel%20intellectual%20property%20lawyer%20patent%20attorney%20fal%20lawyers%20australia%20intellectual%20property%20specialist.jpg)](https://fal-ip.com.au/blog/rhys-munzel-a-specialist-in-intellectual-property) [Services](https://fal-ip.com.au/blog/tag/services) ### [Rhys Munzel – A Specialist in Intellectual Property | FAL IP Lawyers](https://fal-ip.com.au/blog/rhys-munzel-a-specialist-in-intellectual-property) Learn about Rhys Munzel, intellectual property specialist and patent attorney at FAL Lawyers... By [FAL IP](https://fal-ip.com.au/blog/author/fal-ip) Apr 13 2026 ### [Secret use – can you profit while developing your invention?](https://fal-ip.com.au/blog/secret-use-can-you-profit-while-developing-your-invention) Explore Australia's 'secret use' patent laws and learn how to legally trial and potentially profit... By [FAL IP](https://fal-ip.com.au/blog/author/fal-ip) Mar 19 2021 [![image](https://fal-ip.com.au/hubfs/This%20is%20an%20image%20of%20Sarah%20Moorfoot%20intellectual%20property%20lawyer%20patent%20attorney%20fal%20lawyers%20australia%20intellectual%20property%20specialist.jpg)](https://fal-ip.com.au/blog/sarah-moorfoot-a-specialist-in-intellectual-property) [Services](https://fal-ip.com.au/blog/tag/services) ### [Sarah Moorfoot – A Specialist in Intellectual Property | FAL IP Lawyer](https://fal-ip.com.au/blog/sarah-moorfoot-a-specialist-in-intellectual-property) Learn about Sarah Moorfoot, intellectual property specialist and patent attorney at FAL IP helping... 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