Why should you not disclose your invention before filing a patent application?

For an invention to be protected by a patent, it must be new, involve an inventive step and be industrially applicable (Industrial Property Law No. 6769 (SMK), Arts. 82 and 83). Of these, “novelty” means that the invention has not been disclosed to the public anywhere in the world before the filing date.

What is public disclosure? Any disclosure that enables others to learn about the invention, such as exhibiting it at a trade fair, publishing an article or thesis, sharing it on a website or on social media, or offering the product for sale.

Is there a grace period? Turkish legislation provides that, where the invention is disclosed by the inventor or by persons who obtained the information from the inventor, the disclosure does not destroy novelty provided that it was made within the 12 months preceding the filing date (IP Law Art. 84). However, many countries, for example the European Patent Convention system, do not have such a broad grace period. If you are also considering protection abroad, filing before any disclosure is the safest route.

What should you do? Sign a confidentiality agreement before meeting investors or manufacturers, secure a filing date before presenting the invention, and decide from the outset in which countries you will seek protection.