Oops, shared too soon? This is your last lifeline
In a series of blog posts, Marco Coolen provides insight into his work as a Dutch and European patent attorney at AOMB.
Published on December 7, 2025
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
You've presented a new product at a trade fair, posted a proud article on your website, or maybe even had your first customer meetings. But then you suddenly realize: we should have patented this. Is it too late?
Not everywhere. In some countries, you get a second chance. A legal grace period: especially for entrepreneurs who accidentally announced their innovation to the world too early. But you don't always get that chance, and indeed not everywhere. Time to understand that lifeline properly.
First, the basics
You must apply for a patent before you make something public. That means: before publications, trade show appearances, demonstrations, brochures, podcasts, pitches, and posts on LinkedIn. As soon as something is technically explainable and accessible to the public, it counts as public. And then it's often already too late.
Marco Coolen, photo © Bart van Overbeeke
But then: the grace period
In countries such as the United States, Canada, Australia, South Korea, and Japan, there is a so-called grace period. This gives you 12 extra months to submit a patent application. The condition: the disclosure must come from you or your team. So no leaks to competitors, just your own presentation, brochure, or website.
This is ideal if you have already shared something, but your patent strategy was not yet entirely in order. Please note: this period is strict. After those 12 months, the door is really closed.
And what about Europe?
In Europe, it is more sensitive. Here, the principle applies: public is public. However, there are a few exceptions.
For example, if your innovation has been shared without permission; think of a breach of trust, theft, or violation of an NDA. In such cases, in some countries, you can still apply for a patent within six months. But you must have proof and act quickly.
There are also nuances within Europe: Germany is somewhat more flexible than many other countries. There, you have a little more leeway, but it remains a risky route.
The world of Patents
Every Sunday, Marco Coolen shares his insights from the world of patents. Read the entire series here.
Strategic publishing?
In some cases, it may be wise to publish first and then patent. For example, if your market is entirely focused on the United States, and you know that your innovation will be well-received there. First, gauge reactions, gain traction, and arrange your protection within those twelve months.
But this is really the exception, not the rule.
Conclusion: don't gamble, plan
Those grace periods are there to save you if things go wrong. But it's not a strategy you should want to follow as a rule. If you're looking for worldwide protection, especially in Europe, the golden rule remains: patent before publishing.
Did something go wrong? Then seek advice quickly. In the right country, within the right time frame, with the right evidence, you may still be able to turn things around. But as an entrepreneur, you'd rather stay on course and not have to jump into lifeboats.