An internet publication of your innovation will make it unpatentable in Europe, but not always in the United States

According to European patent law, an invention has to be new to be patentable. In other words, the inventor must not disclose the invention to the public before filing the first patent application. In Europe, the novelty is absolute. Any disclosure, by anyone, by any means, is prejudicial to the novelty of the invention. There are only two exceptions. These are evident abuse and display at some officially recognized international exhibitions.

Public disclosure examples

Therefore, if you show your invention on a website, LinkedIn page, or YouTube video, that disclosure can jeopardize the novelty of your future European patent.

A different rule in the United States

The situation is different in the US. A disclosure of the invention by the inventor, or somebody who obtained it from the inventor, not more than one year before the filing date of the patent application, cannot be held against the novelty.

Our advice

Keep your invention confidential until you file a patent application! If you’ve already published the invention. You can file a US patent application within one year of that publication.

Evelyne Gridelet