IP Intelligence › In Simple Words › Public disclosure
In simple words
Public disclosure
The most expensive thing many inventors ever do is show their invention to a room full of interested people, one month before filing.
- In simple words
- Making the invention available to the public in any way, without an obligation of confidence - a talk, a paper, a demonstration, a sale, a social post, a crowdfunding page or a product launch.
- Think of it as
- Once it is out, it is prior art - including against you.
- Why it matters
- India has no general grace period. Section 31 gives a twelve-month window only in narrow situations: display or use at an industrial or other exhibition to which the Central Government has extended section 31 by notification, publication resulting from that display, and a paper read by the true and first inventor before a learned society or published in that society's transactions. Since 2024 that period is claimed on Form 31 under rule 29A.
- A simple example
- A demonstration at an ordinary trade fair that has not been notified under section 31 is simply a public disclosure. So is a conference poster, unless the very specific learned-society limb applies.
- Common mistake
- Relying on “I only showed it to a few people”. If they were under no obligation of confidence, the number does not help.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
- The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex
Related
Anticipation
A finding that a single earlier disclosure already contained everything in a claim, so the claim is not new.
You told the world before you told the Patent Office
In India there is no general grace period. If your invention was made available to the public before your priority date, that disclosure is prior art against your ow…
Before you disclose your invention
India has no general grace period. Anything already available to the public before your priority date can be prior art against your own application - including thing…
I disclosed my invention publicly. What now?
Working out how much damage was done, and what is still available.
Keep going.
Every explanation here links to the ones next to it. Follow the thread rather than the menu.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.
