If I have published information about my invention, can I patent it?

Generally, no , because the publication of information about the invention causes it to lose the requirement of novelty, which is essential for the granting of a patent. However, there are exceptions if the disclosure occurred within the 6 months prior to the patent application and was due to:

• Evident abuse: For example, if someone violated a confidentiality agreement and disclosed the invention without your consent.
• Officially recognized exhibition: If the invention was presented at an officially recognized exhibition or fair.
• Non-commercial testing: If the disclosure occurred during trials or tests without commercial purposes.

The Economic Office of Galicia can help you assess whether your invention still meets the patentability requirements after prior disclosure and explore the possible exceptions that may apply to your case.

Don’t hesitate to request advice from our experts.