KU Center for Technology Commercialization writes:

Note: the time window between an inventor’s public disclosure and patent application filing date allows others to publish similar work or work that builds off your own work. These intervening publications may prevent or hinder patentability of your invention.

Why would others' publications after your own public disclosure prevent patentability?

1 Answer 1


As interpreted by the USPTO the only thing that can't be used against you due to the "grace" period is pretty much exactly what you published. If your application has new material not present in the publication, that subject matter might be shown to not be novel or to be obvious in light of others' work based on your publication.

Also, others can build upon your work to create their own, separate inventions. It may be that their invention can't be practiced without infringing rights that you end up with but they can potentially patent their extensions.

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