Understanding Novelty and Public Disclosure

Understanding Novelty and Public Disclosure in Patent Law

Why Timing and Confidentiality Matter

In patent law, novelty matters. To obtain a valid patent, your invention must be new — meaning it has not been publicly disclosed before your filing date.

What Counts as a “Public Disclosure”?

A public disclosure includes any non-confidential sharing of your invention, such as:

• Publishing research or details (e.g., in journals or online)
  
  

• Presenting at conferences or trade shows
  
  

• Posting product details on a website or social media
  
  

• Launching the product commercially
  
  

• Sharing with investors, collaborators, or customers without an NDA or without confidentiality

These disclosures can immediately compromise your patent rights in many jurisdictions.

Grace Periods — Limited Protection

• Canada and the U.S. allow a 1-year grace period - but only for your own disclosure.
  
  

Most other countries, including those in Europe and Asia, require absolute novelty — meaning even one public disclosure before filing can invalidate patentability.

Key Takeaways

• File first, disclose later.

• Consider NDAs when discussing your invention externally.

Consider provisional filing to secure an early filing date cost-effectively. 

Protecting Your Innovation

If you’re developing a new product, formulation, device, or method — especially in the biotech, pharmaceutical, or veterinary space — early patent advice is essential. A well-timed filing can mean the difference between global protection and none at all.

Need help assessing whether your invention is still patentable? We’re happy to review your disclosure history and guide next steps.

© Khanijoun Intellectual Property Law

This article is provided for general informational purposes and does not constitute legal advice.