Let's say I file for a PCT (or even a US/EU/China Patent)

And then I advertise about my technology on my website, way before anything is granted (including details)

Does this count as prior art and invalidate my patent ?

Or does the "patent pending" status protects me from self prior arting.

2 Answers 2


AFAIK, if you advertise after you file for patent, then it isnt prior art because it wasn't prior to your filing.

The risk is that after you disclosure your invention, you can not add new element, because those elements are in public domain.

But even you disclosure you invention before filing an application, you will have 12 months (in most territories) to claim your invention from public domain, aka filing application. Some territories don't accept this, so better filing an application before disclosure it.

  • 1
    The last paragraph is incorrect. Other than the U.S., most location require absolute novelty. The day after you disclouse it is too late to file in Europe, China, Japan and almost everywhere else in the world.
    – George White
    Nov 18, 2014 at 18:45

Anything that happens the day after you file isn't prior to filing. It isn't prior art by definition. Your application will publish in 18 months for all to see, so you are asking what diffence would it be to publish it yourself right away vs. a patent office publishing it in 18 months. It is a business strategy question. Would the information being widespread or confidential during that 18 months better serve your business plans?

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