Trade Show IP Protection: What to Do Before You Exhibit

A trade show is a public disclosure. Everything you display, demonstrate, and describe becomes prior art from the moment the show opens. This checklist ensures your IP is protected before you exhibit.

The Pre-Show IP Checklist

At least 30 days before the show:

• File a patent application (provisional at minimum) covering every aspect of the invention you plan to display
• File design registrations for distinctive product appearances
• File trademark applications for your brand name and product name in the countries where the show takes place and where attendees are based
• Prepare NDAs for detailed technical discussions (short-form, one-page, ready to sign at the booth)

At least 14 days before the show:

• Confirm all filing receipts have been received
• Prepare a "patent pending" notice for display materials and product labels
• Brief your team on what can and cannot be disclosed — distinguish between published patent content (safe to discuss) and trade secrets (do not disclose)

At the show:

• Display "patent pending" and trademark notices on all materials
• Require NDAs before any detailed technical discussion beyond what the patent application covers
• Photograph your booth setup and all displayed materials (evidence of what was disclosed, in case of later disputes)
• Photograph competitor products (potential prior art or infringement evidence)
• Collect business cards and document all licensing/partnership conversations

After the show:

• File any additional patent applications covering innovations discussed or displayed that were not in the original filing
• Follow up with licensing contacts within 2 weeks
• Update your prior art records with any competitor products observed

Sources

1. USPTO — Provisional Patent Applications — File a provisional before exhibiting to establish priority date
2. WIPO — IP for Exhibitions and Trade Shows — WIPO guidance on protecting inventions at exhibitions
3. EPO — Grace Periods and Public Disclosure — European rules on public disclosure and its impact on patent novelty