Talking about your invention before you file can cost you the patent altogether. Under UAE patent law, novelty is destroyed the moment an invention becomes publicly known, and once novelty is lost, no amount of legal argument can bring it back. This guide explains what counts as public disclosure, and the practical steps inventors and businesses should take to protect an invention before filing.
Why Public Disclosure Is a Threat to Your Patent
Patent protection in the UAE is governed by Federal Decree-Law No. 11 of 2021 concerning the Regulation and Protection of Industrial Property Rights, together with its Executive Regulations under Cabinet Decision No. 112 of 2023. Article 5 of the law sets out three requirements an invention must satisfy to be patentable: novelty, an inventive step, and industrial applicability.
Novelty is treated as an absolute requirement. An invention is only “new” if it has not been disclosed to the public anywhere in the world, in any form, before the filing date or the claimed priority date. This includes disclosure by:
- Written publication (articles, papers, blog posts, product brochures)
- Oral disclosure (conference talks, pitch presentations, casual conversations with third parties)
- Public use or demonstration (trade shows, product launches, live demos)
- Sale or offer for sale, including pre-orders and crowdfunding campaigns
- Online exposure (social media posts, product listing pages, investor decks shared outside confidentiality)
If prior art shows your invention was disclosed before filing, and no exception applies, the UAE Ministry of Economy and Tourism can reject the application, or a competitor can later challenge and invalidate a granted patent on this basis.
Practical Ways to Avoid Public Disclosure Before Filing
The safest and most cost-effective strategy is straightforward: file first, disclose later. The following measures help inventors and businesses keep an invention confidential until a filing date has been secured.
Use non-disclosure agreements for every third-party conversation: Before discussing the invention with investors, manufacturers, co-founders, contractors, or potential licensees, put a properly drafted NDA in place. Verbal assurances of confidentiality carry little weight if a dispute arises later.
Restrict investor and demo-day presentations: Pitch competitions, accelerator demo days, and public investor forums are common sources of accidental disclosure. Where a public pitch is unavoidable, describe the commercial opportunity and market problem without revealing the technical mechanism that makes the invention work.
Control internal access and documentation: Mark technical drawings, specifications, and prototypes as confidential, and limit circulation to employees and contractors bound by confidentiality obligations. A clear internal disclosure protocol prevents well-meaning staff from posting progress updates on social media or company blogs.
File a priority application early: Filing a first application, whether directly in the UAE or in another Paris Convention country, establishes a priority date. Once a priority application is on file, subsequent disclosure of the same subject matter within 12 months does not affect the corresponding UAE filing.
Conduct a prior art and freedom-to-operate search before going public: This is not about avoiding disclosure of your own invention, but about understanding the competitive landscape before you commit to a launch date, so that filing can be timed correctly.
Avoid premature marketing and pre-sales: Offering the product for sale, even to a limited list of early customers, or opening pre-orders before filing, can be treated as public disclosure and used against the application later.
Frequently Asked Questions
Does showing my invention to a manufacturer count as public disclosure?
Not if the manufacturer is bound by a valid NDA and the disclosure is genuinely confidential. Without an NDA, this exposure can be treated as public disclosure.
Is a provisional or priority filing enough to let me speak publicly about my invention?
Once a priority application is filed, you gain a 12-month window in which disclosure will not defeat novelty in the corresponding UAE and Paris Convention filings. It is still good practice to keep sensitive technical detail confidential wherever possible.
What happens if my invention is disclosed before filing and no exception applies?
The application is likely to be refused for lack of novelty, or a granted patent can later be invalidated by a third party who proves prior disclosure.
Protect Your Invention Before You Talk About It
Novelty, once lost, cannot be recovered. The only reliable strategy is filing before disclosure and controlling every conversation about the invention until that filing is secured.
Jitendra Intellectual Property advises inventors, start-ups, and businesses across the UAE and GCC on patent filing strategy, confidentiality protocols, and novelty protection from the earliest stage of development. Speak to our patent team before your next pitch, demo, or product launch to make sure your filing timeline is protected. Contact Jitendra Intellectual Property to arrange a confidential consultation.