Quick answer

File a provisional that fully describes everything you are about to show. Then publish, present or pitch only what it covers. If you will show more, file an updated provisional first. File the PCT or foreign applications within 12 months of the first provisional. You do not usually need to wait for the PCT before you publish.

This is the same rule as file first, then talk, with one condition added: the provisional has to be as complete as what you disclose.

Why a provisional is usually enough

A US provisional gives you a priority date. Within 12 months you can file abroad and claim that date. Under the Paris Convention (Article 4B), acts in those 12 months, including your own publication, cannot invalidate the later filing. At the European Patent Office, the priority date counts as the filing date for novelty (EPC Article 89). In the US, the provisional date counts for claims it supports (35 U.S.C. 119(e)).

So a talk or book that shows only what the provisional fully describes is not prior art against those claims, in the US or in the countries that respect priority.

Where it goes wrong

Grace periods compared

United StatesEurope (EPO)Japan
Your own disclosure before filingExcused if within one year before the effective filing date (35 U.S.C. 102(b)(1)(A))No general grace periodExcused if within one year before the Japanese or PCT filing date (Patent Act Art. 30)
Counted fromThe effective filing date, which can be the provisional date—The actual Japanese or international filing date, not the US provisional date
What you must doShow the disclosure was yours if an examiner cites it—Claim it at filing (for a PCT, in the request or at Japanese entry) and file proof of each disclosure
Leaks against your willCovered as an inventor-originated disclosureOnly "evident abuse", within six months before the actual European filing (EPC Art. 55)Covered if you file within one year; no proof is needed at filing

A dated example

This example is made up. A founder files a US provisional on 15 January 2027 that fully describes the core method.

DateEventCovered by the provisional?
1 Dec 2026Blog post showing the core methodSame content, but posted before filing
15 Jan 2027US provisional filed—
10 Mar 2027Conference talk on the core methodYes
1 Jun 2027Book published, with a new chapter on variant XNo
14 Jan 2028PCT filed, claiming the provisional and adding variant X—
DisclosureUSEuropeJapan
Conference talkSafeSafeSafe
Variant X in the bookSafe: within one year before the PCTLost: the book is prior art against variant XCan be saved: within one year before the PCT, if the grace period is claimed and proved
Blog postSafe: within one year before the provisionalLost: it came before the priority dateLost: 13½ months before the PCT filing date

The talk is the rule working: it came after a full provisional and stayed inside it.

The book could have been safe everywhere. A second provisional on variant X, filed before 1 June 2027 and claimed in the PCT, would have protected it without relying on any grace period.

The blog post is the trap. It looks harmless in the US because the provisional came six weeks later. But Japan counts its year back from the PCT date, so the post falls outside it, and Europe never had a grace period to offer.

Pitches and conferences

Keep a disclosure log

Keep one line per disclosure: date, venue or URL, who presented, exactly what was shown, and a copy (slides, the book's copyright page, a screenshot). Before each new disclosure, and again before the PCT, compare the log with your provisionals.

Japan's Patent Office asks for these same facts in its proof of disclosure: date, place, who published, contents, and objective evidence such as a conference program or the book's copyright page. If you ever need Japan's grace period, the log is most of the work.

Common questions

Do I need to wait for the PCT application before publishing?

Usually not. A provisional that fully describes what you will publish generally protects that material in the US and abroad, if the PCT or foreign applications follow within 12 months. Waiting for the PCT matters when you expect to publish more than the provisional covers.

Does the US one-year grace period protect me in Europe?

No. Europe has no general grace period. A book, talk or website showing the invention before your filing or priority date counts against you there. The exceptions cover only evident abuse and officially recognized international exhibitions.

Does Japan have a grace period?

Yes, one year under Patent Act Article 30, but it counts back from the Japanese or international (PCT) filing date, not the US provisional date. You have to claim it and file proof of each disclosure.

Is pitching investors under an NDA a disclosure?

A pitch to people bound to secrecy is generally not a public disclosure. Many investors will not sign NDAs, so the more reliable control is to keep technical detail out of the pitch until it is covered by a filing.

What if my book covers more than my provisional?

File an updated provisional covering the new material before the book comes out, and claim priority from both provisionals in the PCT. Otherwise the new material can be lost in Europe, and in Japan it depends on claiming the grace period.

Sources: Paris Convention Art. 4B · EPC Arts. 54, 55, 87–89 · EPO Enlarged Board G 2/98, G 3/93, G 1/15 · 35 U.S.C. 102(a)(1), 102(b)(1), 119(e) · MPEP 2152–2153 · Japan Patent Act Arts. 30 and 184-14 · JPO, Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention (2018 revision, updated December 2020). Checked 2026-11-06. Other countries, including China and Korea, have their own rules and are not covered here.

Planning a book, a talk or a raise before you file? That timing question is what Andrew's startup patent strategy advisory is built around.

Warning & Disclaimer

Human Authored · AI Assisted · Just being transparent

Andrew Leung is a registered patent agent and an entrepreneur. This article reflects general educational information and professional judgment about early founder patent decisions. Nothing on this website constitutes legal advice nor creates an agent-client relationship. Patent laws vary by jurisdiction and change over time. For foreign filings, work with a qualified practitioner in each country. For legal advice specific to your situation, consult a registered patent attorney.

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