I know that prior art deems that a patent application should be denied. However, what is the specific chain of events for a company that wants to release a product asap.

Can they release product at application time? Must they wait until grant time? Can they have released the product before the patent application?

  • 3
    At which market are you referring to? US? Europe? Worldwide? Commented Jan 8, 2018 at 9:44
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    Chempantent1981’s comment is important. The rules are different depending on venue. Please edit the question with information on where you intend to sell the product.
    – Eric S
    Commented Jan 8, 2018 at 16:31
  • The comments are salient, but a good, basic question, nevertheless.
    – DukeZhou
    Commented Jan 11, 2018 at 22:06
  • I was referring to USPTO. Makes total sense that dif countries have different rules. Commented Jan 12, 2018 at 23:08

1 Answer 1


Anywhere, it is enough to have filed an application. A patent is not granted if the known technology at the filing date makes the invention obvious or not novel.

What happens afterwards doesn't matter for that specific patents. It does matter for following patents of improvements for example because bringing a product to market counts as publishing it.

There is a grace period in the US and some more places (not EU or other big countries though!) Which gives you some time to file after your own publication. Don't use that if you want your patent anywhere outside the US because it even impedes a PCT application originating from the US one.

  • Thanks very much for this information. Do you know what reading material or statute number to reference so I can read more? I guess I should look at WIPO PCT documentation. Commented Jan 12, 2018 at 23:31
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    @JosephLee keyword is claiming priority. That should get you some good google results.
    – user18033
    Commented Jan 13, 2018 at 12:05

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