For any business built on innovation, launch day is both exciting and risky. It is the point where ideas meet the market, but it is also where a single misstep can cost you potential registrable Intellectual Property (IP) rights.

Innovation is often not just about creating something new; it is also about securing ownership of that creation before it becomes public. Yet many startups and small businesses, under pressure to attract investors or build early momentum, may publicly disclose their ideas too soon. If an idea is made public before appropriate protection is in place, the potential legal protection through registrable IP rights can be lost.

How Public Disclosure Can Cost You Everything

Press releases, investor pitches, product demos, social media posts, or even verbal communications (such as a conversation outside a Non-Disclosure Agreement (NDA)) can all count as public disclosures. Once something is made public, some forms of IP protection, especially patents, may no longer be available. In short, if it is visible, it is vulnerable and may no longer be protectable.

Patents: File Before You Reveal

Patent protection relies inter alia on the principle of novelty. Your invention must be new at the time you file a patent application. If the invention has been shown, sold, or published before filing, these disclosures may become novelty-destroying prior art, and valid patent protection can no longer be obtained.

Exposure: Any presentation, demonstration, sale, publication, or press release.

Consequence: Loss of novelty and, with it, potentially your right to a valid patent.

The Danger of the Patent Grace Period

Certain jurisdictions, including the United States, offer a limited ‘grace period’. The grace period is a period of time (typically 6–12 months) prior to filing or priority date of a patent application, during which an inventor can disclose their invention without this disclosure destroying the novelty of their invention for patenting purposes.  Protection is restricted to jurisdictions with a grace period, and the grace period only applies to disclosures made by, or derived from, the inventor. It does not prevent others from creating independent prior art or filing competing applications during that period.

In contrast, the United Kingdom, Europe (under the European Patent Convention (EPC)), China, and most other major patent systems operate under an absolute novelty standard. Under this approach, any disclosure made before your effective filing date, anywhere in the world, can destroy the novelty of your invention, rendering your invention unpatentable in those regions. For example, in Europe, the EPC provides only narrow exceptions, such as disclosures resulting from evident abuse (e.g. theft or breach of confidence) and those made at officially recognised international exhibitions, provided filing occurs within six months. These exceptions are rarely applicable in practice.

For UK businesses seeking international protection, reliance on a grace period is a significant risk, the safest and most strategic course is always to file your patent application before you disclose your invention publicly.

The Critical Timing for Designs: Protect the Look and Shape

A registered design right protects the visual appearance of a product, covering its shape, configuration, patterns, ornamentation, lines, contours, or colours. This is distinct from a patent, which protects how a product works (its technical function).

If your innovation is primarily visual, such as the aesthetic of packaging, the pattern on a fabric, or a computer icon, registered design protection is a core asset to provide a monopoly right for your design.

Just like patents, the timing of disclosure is paramount for registered design rights.

File Before Disclosure: You must file your Registered Design application before your design is made public to secure maximum protection, particularly if you plan to seek protection outside the UK or EU.

The Grace Period: The UK (and EU) offers a limited 12-month grace period for Registered Designs. However, we typically advise against relying on this, as self-disclosure can still invalidate protection in many key markets without a grace period.

Practical Advice for Designs

Focus on the Visual: If your product's appeal lies in its aesthetics (the look), filing a Registered Design application is often the quickest, cheapest, and most robust form of IP protection. Unregistered design rights are also available in the UK and EU; however such rights do not provide a monopoly, as infringement requires “copying” of the design.

Dual Protection: Consider protecting your technical function with a Patent and your visual appearance with a Registered Design to create a strong protective ring around your product.

Trade Marks: Build Your Brand on Solid Ground

A distinctive brand name or logo is a vital business asset, but it is only defensible if you own it. Launching under a name you have not cleared or registered can lead to infringement disputes and forced rebranding. Clearing your brand early also ensures that your trade mark can be registered without opposition, saving time and cost later.

Exposure: Using an un-registered or conflicting name or logo in marketing or packaging.

Consequence: Potential legal challenge, rebranding costs, and reputational damage.

Before you launch, consider conducting a trade mark search and file your trade mark application early. It is faster and cheaper than rebranding later.

Copyright: Securing Your Content and Code

Copyright is the automatic protection afforded to original creative works, including software code, website content, marketing videos, and graphic designs. In the UK and across Europe, this protection arises automatically upon creation due to international treaties such as the Berne Convention.

The primary danger here is a lack of legal ownership.

Exposure: Using contract developers, freelance designers, or even in-house employees to create materials without proper written IP assignments.

Consequence: If a contractor writes your code without a written assignment of the IP rights to you or your company, they may legally own the copyright. This allows them to potentially block your use or demand further payment, such as licence fees.

While copyright for works created by an employee in the course of their employment typically belongs automatically to the employer in the UK, this is not the case for work done by freelancers or contractors. For all external creators, a written IP assignment is essential.

It is important to have a chain of ownership for all your IP rights. Good practice is to ensure all founders, employees, and especially external contractors sign agreements that expressly assign (transfer) all IP rights to the company immediately upon creation.

Trade Secrets: Protecting What You Don't Patent

A trade secret is confidential business information that gives an enterprise a competitive edge and is subject to reasonable steps to keep it secret. Not all valuable information should or can be patented. Algorithms, pricing structures, product formulas, manufacturing processes, or client lists are often better kept as trade secrets, but only if they are treated as confidential.

Consequence: Once information is shared without Non-Disclosure Agreements (NDAs) or internal access controls, it loses its legal protection as confidential information. Competitors can then potentially use it freely.

Good practice: Use NDAs with anyone outside your business and maintain clear internal policies and access controls for confidential information.

Your Pre-Launch IP Protection Checklist

Before sharing your idea with the world, make sure these actions are complete:

Why Early IP Protection is a Smart Investment

Filing for IP protection is a strategic step in building long-term value. By securing your rights early, you:

- Preserve your innovation’s market exclusivity.

- Strengthen your position with investors and partners.

- Reduce the risk of costly disputes.

- Protect your brand and reputation.

In short, early IP protection strengthens investor confidence, reduces risk, and safeguards your competitive edge. A few weeks of preparation now can prevent years of lost opportunity later.

Book Your Free IP Consultation with Secerna

If you are planning a launch, do not take chances with your intellectual property. Book a free one-hour consultation with our experienced Patent and Trade Mark Attorneys.

At Secerna, we can help you:

- Identify the right protection strategy for your innovation.

- Assess your options across key markets (including the UK, Europe, and the US).

- Estimate costs and timelines.

- Spot risks before they become problems.

At Secerna, our goal is simple: to help you protect your ideas and launch with confidence. Don’t leave your innovation unguarded, secure your IP before you go public.