My invention was featured in the media and was also displayed in an exhibition. Can I still apply for a patent for the same invention?
Public disclosure of your invention may destroy the novelty of your invention. An invention that is not new or novel is not a patentable invention.
For patent applications filed on or after 30 Oct 2017, the disclosure could be disregarded if you:-
(a) file the patent application within 12 months from the date of disclosure.
(b) state, when making a request for search and examination report, examination report, review of an examination report or responding to a written opinion, the circumstance which the invention was disclosed.
(c) file the written evidence which must be a statutory declaration or affidavit; and enclose all supporting documents.
For international exhibitions, the statutory declaration should:
(a) state that the invention was exhibited at an international exhibition;
(b) state the opening date of the exhibition, and where the first disclosure did not take place on the opening date, the date of the first disclosure; and
(c) enclose one or more supporting documents identifying the invention that was displayed at the exhibition.
As similar grace period may not be applicable in other countries, therefore it is prudent that a patent application for your invention is made before any public disclosure.
You may find more information on disclosure of invention prior to filing in the Patents Formalities Manual .
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