Q: Does filing a provisional patent and publically disclosing my invention impede my ability to file in the EU?

A: The EU requires "absolute novelty," so you are correct that it does not have the one year grace period we have in the U.S. Therefore, publicly disclosing your invention will impede your ability to seek patent protection in the EU. However, if you file a US provisional patent application prior to your public disclosure, you can use the US provisional application to file an application in the EU within one year (the EU application will have the benefit of the US provisional filing date, and it will therefore predate the public disclosure).

A: This is an important question regarding international patent strategy. Here's a concise answer:

Yes, publicly disclosing your invention before filing a patent application can impede your ability to obtain patent protection in the EU and many other countries.

Key points:

1. The EU, like most countries outside the US, has an "absolute novelty" requirement.

2. Any public disclosure before filing a patent application can destroy novelty.

3. The US has a 1-year grace period, but this doesn't apply in the EU.

4. A US provisional application does not provide priority rights in the EU on its own.

To preserve your EU patent rights:

- File a PCT application or EU patent application before any public disclosure.

- Avoid sharing details on social media until after filing.

It's also advisable to consult with a patent attorney for personalized advice on your specific situation.