Major international trade shows, like the Consumer Electronics Show (CES), are where the future is unveiled. For innovators, startups, and technology companies, they are the ultimate launchpad. But amidst the excitement of demos and deal-making lies a critical risk: accidentally forfeiting your intellectual property (IP) rights. Decisions made in the weeks before a show can determine the global durability of your patents, the strength of your market position, and your ability to stop copycats.
This guide provides a practical framework for trade show attendees to synchronize IP filings with product launches, navigate divergent international laws, and prepare a robust enforcement strategy across the major markets of the United States, Europe, China, Japan, and beyond.
The Golden Rule of Global IP: File Before You Disclose
If there is one principle to remember, it’s this: public disclosure of your invention before filing a patent application can destroy your ability to get a patent in most of the world.
What counts as a public disclosure?
A public disclosure includes any activity that makes your invention accessible to others. A demo on the show floor, a marketing deck sent without a non-disclosure agreement (NDA), a press briefing, or a conversation with a potential partner all qualify. To preserve your global options, the safest strategy is to file a patent application for your core technology before you reveal it at a tradeshow. However, many companies fall into a trap by relying on the US patent system’s “one-year grace period.”
The US Grace Period: A Safety Net, Not a Strategy
The United States offers a one-year grace period, meaning an inventor can file a utility patent application up to one year after their own public disclosure (like a tradeshow demo). This is a powerful safety net that can rescue US rights after an early marketing teaser or presentation.
The Global Trap: The US Grace Period Is Not Portable
This grace period does not exist for utility patents in many jurisdictions, such as in Europe, China, and Japan. These jurisdictions follow an “absolute novelty” rule. Any public disclosure before your filing date—even your own—is fatal to your patent application. A US provisional patent filed after a tradeshow demo cannot be used as a priority application to secure rights in such jurisdictions for the disclosed invention; the novelty has already been destroyed in those regions. If this happens to you, you should consult a patent attorney to see if there are any ways to save portions of your invention(s).
A Multi-Layered IP Strategy for Maximum Protection
A strong IP portfolio uses a diversified set of tools to protect different aspects of your product. For a consumer electronics product, you should consider a coordinated strategy that includes:
Utility Patents: Protecting How It Works
Utility patents cover the functional aspects of your invention. Because of the absolute novelty rules in many non-US jurisdictions, these applications must be prioritized and filed before a trade show public disclosure if you plan to file for patent protection in such jurisdictions. Use US provisional applications as a quick, cost-effective way to secure a priority date before the show, but ensure it’s part of a plan to file corresponding international applications down the road with claims of priority to that US provisional application.
Design Protection: Protecting How It Looks
For consumer-facing products, the visual design—the shape, user interface (UI), icons, and overall aesthetic—is often protectable as valuable IP separate and distinct from the underlying utility of the technology. Design protection is more economical, powerful, and often overlooked.
- Global Strength: Design protection is available in all major markets, covering product shells, UI screens, and even packaging/labels.
- Jurisdictional Flexibility: Unlike utility patents, some regions offer a grace period for designs. The European Union provides a 12-month grace period for filing a Registered Community Design (RCD) after your first public disclosure. This allows you to test the market after a tradeshow launch and still secure a registered right.
- Rapid Enforcement: Design rights are often granted faster than utility patents and can be a highly effective tool to stop look-alike products.
Trademarks: Protecting Your Brand
Your brand name, logo, and slogans are valuable assets. File trademark applications in your target markets well before the tradeshow. In China, which operates on a “first-to-file” basis, this is critical to prevent trademark squatters from hijacking your brand. Remember to consider filing Chinese-character versions of your mark that consumers may organically adopt.
Pre-Tradeshow IP Action Plan
A well-planned intellectual property timeline is essential for a successful and secure launch. Planning ahead ensures patents, designs, and trademarks are filed before public disclosure.
Before the Tradeshow:
- Identify all protectable features of your product.
- Draft and file provisional applications for utility inventions.
- Finalize drawings for multi-jurisdiction design patent applications.
- File design patent applications in key markets via the Hague System or national routes.
- Prepare NDA templates and logs for controlled private briefings.
- Train your entire booth staff on what they can and cannot say in public areas. The rule should be: “If it’s not in a filed patent application, don’t discuss the technical details publicly.”
- Record core trademarks and patents with Customs authorities (e.g., US CBP, China Customs) to enable border seizures of infringing goods.
During the Tradeshow:
- Strictly enforce your disclosure protocols and use NDAs for sensitive discussions.
- Keep records of private meetings held under NDA.
- Gather competitive intelligence: photograph and document competitor products that may infringe on your IP or reveal their strategy.
After the Tradeshow:
- File follow-on applications (subsequent provisionals) to cover design-arounds or refinements based on continued development of your invention(s).
- If the invention’s implementation details are well developed, the invention is ripe for patenting. Don’t needlessly delay converting your provisional patent application into a non-provisional patent application, especially if you are looking to raise capital.
- If you noticed others at the show with potentially infringing products, consult a patent attorney before starting an enforcement action (e.g., platform takedowns, administrative actions, or civil litigation) to consider other options and additional long-term strategies.
A strong IP strategy is essential for turning tradeshow visibility into a lasting competitive advantage. For additional practical tips, covering contracts, branding, and compliance, explore our Legal Checklist for Trade Shows from Nixon Peabody leaders in corporate law, advertising, and international strategy.
