SHOULD YOU DISCLOSE A PRODUCT BEFORE FILING A PATENT APPLICATION?

What is novelty in patent law?

Under Vietnamese Intellectual Property Law, an invention is considered novel if it has not been publicly disclosed anywhere in the world in any form before the filing date or priority date.

Disclosure may occur through:

- Articles;

- Videos;

- Websites;

- Social media;

- Seminars;

- Exhibitions;

- Advertisements;

- Product sales;

- Technical documents;

- Marketing materials.

If the core technical information of the invention has already been disclosed, the possibility of obtaining patent protection may be seriously affected.

Common forms of disclosure that may destroy novelty

1. Publishing products on websites or social media

Many companies promote new products on:

- Facebook;

- TikTok;

- YouTube;

- Company websites;

- E-commerce platforms;

Before filing a patent application.

This is a very common form of public disclosure.

Even if the content exists online only briefly, it may still be used as prior art during patent examination.

2. Displaying products at exhibitions or trade fairs

Activities such as:

- Introducing new technology;

- Displaying prototypes;

- Demonstrating products;

- Distributing technical materials;

At public events may destroy novelty if a patent application has not yet been filed.

3. Selling products on the market

Once a product is publicly sold or circulated, competitors may:

- Purchase the product;

- Reverse engineer the technology;

- Use it as evidence for opposition;

- Cite it as prior art.

This is a major risk in industries such as:

- Mechanical engineering;

- Electronics;

- AI;

- Medical devices;

- Manufacturing technology.

4. Publishing in scientific papers or investor materials

Many startups and research groups often:

- Publish academic papers;

- Send pitch decks;

- Share technical solutions with investors;

- Provide materials to partners;

Without signing NDAs or filing patent applications first.

This may directly affect future patentability.

Can an invention still be patented after disclosure?

In certain exceptional cases, Vietnamese law still allows an invention to retain novelty if the disclosure falls within statutory exceptions.

Examples include:

- Unauthorized disclosure by another party;

- Disclosure in scientific reports;

- Display at official national or international exhibitions.

However, the applicant is generally required to file the patent application within the legally prescribed time limit from the disclosure date.

Whether a disclosure qualifies for an exception requires careful legal analysis based on each specific case.

Why should you file a patent application before disclosing a product?

1. Preserve novelty

This is the most important reason.

Filing first helps:

- Establish a priority date;

- Preserve patentability;

- Reduce the risk of competitors filing first.

2. Increase commercial value

A filed patent application often helps businesses:

- Attract investors;

- Increase company valuation;

- Improve technology transfer opportunities;

- Gain competitive advantages.

3. Reduce the risk of copying

If technology is publicly disclosed before protection is secured, competitors may:

- Copy the technology;

- Reverse engineer the product;

- File applications in other countries first;

- Commercially exploit the technology without authorization.

4. Facilitate international patent protection

In many cases, companies plan to:

- File PCT applications;

- Expand international protection;

- Attract foreign investment.

Therefore, maintaining confidentiality before filing is extremely important.

When is it safer to disclose a product?

Generally, businesses should:

- File the patent application first;

- Then disclose the product publicly.

After obtaining a filing date, applicants are in a much safer position to:

- Market products;

- Seek investment;

- Negotiate commercial deals;

- Introduce technology publicly.

Should you sign an NDA before sharing technology?

Yes.

During:

- Investment discussions;

- Manufacturing cooperation;

- Research and development;

- Technology transfer negotiations;

Businesses should use:

- NDAs (Non-Disclosure Agreements);

- Confidentiality agreements;

- Technical confidentiality clauses.

These measures help minimize the risk of premature disclosure before patent filing.

Common mistakes that destroy patent novelty

Many individuals and businesses unintentionally lose patent rights because they:

- Upload product demo videos too early;

- Conduct trial sales;

- Publish research papers;

- Share technical materials without confidentiality measures;

- Attend exhibitions before filing;

- Fail to conduct prior patent searches or protection strategies.

This issue is especially common among technology startups and manufacturing companies.

What should you do before disclosing a product?

Before publicly launching a product, businesses should:

- Assess patentability;

- Conduct novelty searches;

- Determine a protection strategy;

- Prepare patent documents;

- File the application as early as possible;

- Sign NDAs with relevant parties.

Proper preparation from the beginning significantly reduces legal risks.

Patent Registration Services at ADVN Law

ADVN Law provides services including:

- Patentability searches;

- Novelty risk assessment;

- Filing strategy consultation;

- Patent specification drafting;

- Claim drafting;

- Patent filing in Vietnam;

- International patent registration under the PCT system;

- Handling office actions and oppositions.

We support clients in various fields such as:

- Mechanical engineering;

- Electrical and electronics;

- AI and software;

- Medical devices;

- Biotechnology;

- Industrial manufacturing;

- Cosmetics and chemicals;

- Food technology.

Frequently Asked Questions

Does posting a product on Facebook before filing destroy novelty?

Possibly. Such disclosure is generally considered public disclosure.

Can inventions displayed at exhibitions still be patented?

In certain exceptional cases, yes, but the legal conditions must be carefully evaluated.

Is it advisable to sell products before filing a patent application?

Generally no, especially if the technical solution has not yet been protected.

Should NDAs be signed before presenting technology to partners?

Yes. NDAs are highly important for protecting technical information.

Should patent applications be filed before or after marketing?

Generally, patent applications should be filed before public marketing activities.

Contact ADVN Law for Patent Consultation

If you need consultation on patent registration in Vietnam or internationally, please contact ADVN Law for detailed assistance.

Hotlines: 0903.693.301 / 0903.641.946

Email: advnlaw@gmail.com
Website: advnlaw.vn