If you want patent protection in mainland China, review the filing plan before a public product launch, crowdfunding campaign, or trade-show demonstration. A disclosure outside China can matter in China. Do not assume that a U.S. grace period gives you the same opportunity to file there after a reveal.
The practical task is to connect three records: what the public can learn, when it became available, and what an earlier patent application actually covers. This guide helps U.S. product teams and their counsel organize that review. Official sources verified September 11, 2026.
A launch is not just the date you start selling
Before approving a launch, inventory the materials that may leave the company: campaign pages, demonstration videos, presentation slides, technical papers, product photographs, downloadable manuals, and samples. Record the earliest release, including a preview sent to an audience that may not be bound by confidentiality.
Under Articles 22 and 23 of China's Patent Law, prior art and prior designs include technology or designs known to the public in China or abroad before the relevant date. Inventions and utility models require novelty; designs have their own statutory requirements. Publication in English or a launch limited to the United States does not, by itself, remove the China issue.
Not every announcement reveals the same information. A photograph may show an external design without explaining an internal mechanism. A demonstration or manual may reveal more than a short teaser. The legal effect depends on the material, its accessibility, the proposed protection, and the applicable date—not simply whether the team called the event a “soft launch.”
China's six-month exception is not a general launch grace period
Article 24 identifies four categories of disclosure that may avoid loss of novelty within its six-month window:
A first disclosure for the public interest during a national emergency or extraordinary situation.
A first exhibition at an international exhibition sponsored or recognized by the Chinese government.
A first publication at a qualifying academic or technical meeting.
Disclosure by another person without the applicant's consent.
An ordinary marketing launch or voluntary crowdfunding reveal is not listed as a general exception. Nor should an event be treated as qualifying merely because its name includes “international.” The event, facts, evidence, and procedural requirements need review.
Rule 33 of the Implementing Regulations defines qualifying exhibitions and meetings. For a direct China application relying on the exhibition or meeting categories, it requires a declaration at filing and supporting evidence within two months of the application date. Other categories and filing routes need their own procedural review. Do not use this summary to calculate a case deadline.
Rule 12 generally treats the Patent Law's reference to the filing date as the priority date where priority applies, with stated exceptions. This is one reason a “six months from our launch” calendar entry is not a complete legal analysis.
Separate U.S. timing assumptions from the China decision
The USPTO's international-filing guidance warns that relying on the U.S. disclosure grace period can jeopardize foreign patent protection. Ask U.S. and China counsel to coordinate the sequence; an available U.S. filing option does not establish Chinese eligibility.
If a first application already exists, identify the exact filed version and which features it supports. Do not assume that a pending application covers every later product improvement or every image in the campaign. Priority entitlement, subsequent filing steps, and any new subject matter need to be checked against the actual record.
Also flag where the invention was made. The USPTO's guidance discusses authorization for foreign filings of U.S.-made inventions; Article 19 of China's Patent Law addresses confidentiality review before foreign filing of inventions or utility models completed in China. These are separate filing-sequence issues, not exceptions that cure a public disclosure.
Run a focused review before the reveal
The following is a team workflow, not a statutory filing checklist:
Freeze the review version. Save the exact video, page, drawings, slides, and sample description that the team plans to release. Give each a version and owner.
Map the audience and access. Identify who will receive each item, whether it will be publicly accessible, and what confidentiality terms actually apply. A document marked “confidential” is not a substitute for checking those circumstances.
Compare the filing record. After conflict and confidentiality arrangements are complete, have counsel compare the proposed disclosure with any existing application and the intended China protection.
Make the release decision explicit. Agree whether to file first, revise the public materials, delay the reveal, or take another advised step. Record unresolved questions and who can approve the decision.
Close the loop. Obtain the filing confirmation and the approved release version. Filing is not a promise of patent grant, and a material change to the product or campaign may require another review.
For example, a team may have filed an application for one mechanism while its launch video shows a later modification. That mismatch is a reason to revisit the filing plan before release; it is not a conclusion that either version is or is not patentable.
If the product has already been disclosed
Preserve the evidence and seek prompt advice. Prepare a chronology with the first known publication time, URLs, saved page or video versions, the audience, any confidentiality terms, and later reposts. Distinguish confirmed dates from estimates.
Do not assume that deleting a page reverses the earlier disclosure. Do not assume that all protection is necessarily lost either. Counsel needs to assess what was disclosed, any valid earlier filing or priority, the proposed subject matter, and whether an exception and its procedures can apply. Preserve evidence before deciding how to limit further disclosure.
Start a China patent planning inquiry
Use our China patent services page to discuss a planned launch. Initially provide a nonconfidential product category, your China business objective, the planned or known disclosure date, an approximate budget, and any public application number. State whether you are the applicant or coordinating counsel.
Share complete unpublished technical details only through an agreed channel after appropriate conflict and confidentiality checks or an NDA. If a PCT application has already been filed, our China national-phase handoff checklist covers that later stage. Law firms can use the foreign-associate service to coordinate instructions.
This article provides general information, not a patentability opinion or legal advice for a specific disclosure. Filing dates, exceptions, and outcomes depend on the facts; no patent grant is guaranteed.