Does an inventor’s own disclosure within 12 months before filing always destroy novelty?
An inventor’s own disclosure within twelve months before the filing or priority date does not necessarily destroy novelty. Section 25.1, Intellectual Property Code of the Philippines, provides a grace period where disclosure of information contained in the application during the twelve months preceding filing or priority date will not prejudice the applicant if made by the inventor, a patent office under specified circumstances, or a third party who obtained the information directly or indirectly from the inventor. This allows inventors some flexibility to test or present their inventions before filing. However, disclosures outside this twelve-month window will generally form part of the prior art and can defeat novelty. 20-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
