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Can I use my invention before getting a patent?

  • Writer: Jesse Strafford
    Jesse Strafford
  • Jul 28, 2020
  • 1 min read

Updated: Jan 28, 2021

You should not publish or publicly use your invention before applying for a patent. Doing so will mean your invention is no longer "novel" and is likely to be ineligible for patent protection. However, once a patent application has been filed, the invention can be publicly used, published or sold without risk of destroying its novelty.


In addition, the invention should not be secretly used or sold before a patent application is filed. Such secret use may also render your patent invalid.


However, depending on the circumstances and relevant country, public use for the purposes of reasonable trial or other specific exceptions may be allowed. We recommend obtaining specific advice on this point in order to minimise risk of inadvertently destroying the novelty of your invention.



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