I understand France is an absolute novelty country that would prohibit a patent being issued if it were disclosed publicly prior to the filing date in France. Filing a Provisional Patent Application in the US is not in itself a public disclosure, but if you did actually disclose publicly after the filing of the PPA and prior to filing a regular application (that would claim the priority of the PPA) would you have an issue of being granted protection in France?

1 Answer 1


There should be no problem.

Let's set out a timeline:

1 Sep 2014: US provisional ("US1") is filed.

15 Oct 2014: Public disclosure of material in the US provisional filing.

31 Aug 2015: French Convention application ("FR1") claiming priority to US1 is filed.

US1 is filed before the disclosure. The disclosure is therefore not relevant for the novelty of US1.

FR1 is filed after the disclosure. Without any priority claims, FR1 would not be novel.

However, FR1 validly claims priority to US1. This means that the novelty of FR1 is assessed at the date of filing of US1. This is before the disclosure, so the disclosure does not deprive FR1 of novelty.

This answer would be the same for any two countries which are members of the Paris Convention (which is basically every country). There is nothing unique to the US and France here.

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