Can an invention get international protection after revealed to public 12 or 18 months?


I revealed the invention to the public more than 12 months, nearly 17 months. While the details of the application are not revealed, the idea and some implements are revealed to an internet forum.

I know that I must file PCT within 12 months from US provisional application but forget to do so because I have a false impression that PCT time limit is much larger. I only filed US non provisional application within 12 months.

So is there any way that I can get international protection for the invention if it was revealed to public 12 or 18 months earlier? For example, someone suggest I don't claim priority from US date if my application isn't published. But in cased it is published, is there any other way to get international protection?


Posted 2016-10-15T10:09:40.120

Reputation: 526



The invention, no -- improvements upon the invention, yes.

In USA you get 12 months, in the rest of the world once you disclose your invention, you can't file for a patent.

You have to see if someone can reduce to practice your idea(s) posted online. If not, it will only be considered prior art and it helps set precedence for the scope of what you can claim.


Posted 2016-10-15T10:09:40.120

Reputation: 223

Actually quite a lot of countries have grace periods (such as Japan), not just the US. – Maca – 2016-10-17T21:29:08.313

Good insights, thanks for pointing it out. It appears that you have to search country by country and make a list of where you can and cannot disclose. – Kamil – 2017-02-27T20:37:11.213