Practical Answer — Patents

Can I Patent a Product in China After I Showed It to a Factory?

Last updated: June 2026

It depends on the facts. The answer is not a simple yes or no — what matters is what was shown, to whom, when, and whether a confidentiality agreement was in place.

In short

It depends on the facts. Factory disclosure under a confidentiality agreement is different from public disclosure. Whether a China patent application is still possible depends on what was shown, to whom, when, and whether any agreement was in place. If you have shown your product to a factory and have not yet filed a patent, act quickly — more public or commercial use after the initial disclosure may further narrow your options. This is a fact-specific question that requires qualified patent counsel.

The Direct Answer

Whether a China patent is still available after factory disclosure is a fact-specific question — not a general yes or no. Disclosure under a confidentiality agreement may be treated differently than public disclosure. But the analysis depends on the specific facts, the timeline, and the nature of what was shown. If you have not yet filed, speed matters.

How China's Patent System Treats Prior Disclosure

China uses an "absolute novelty" standard for patent applications. Under this standard, an invention may not be patentable if it was disclosed publicly anywhere in the world before the patent application was filed. The key word is "publicly" — disclosure in a strictly private or confidential setting is generally treated differently.

China's Patent Law does include a limited grace period — but it applies to specific types of disclosure, and it is not a broad safety net for all commercial disclosures. Whether any grace period applies to a particular situation depends on the specific facts.

This is a technical and fact-specific legal question. The information on this page provides general orientation only — it should not be treated as legal advice for any particular situation.

Factory Disclosure vs. Public Disclosure

The distinction between private and public disclosure matters significantly:

Disclosure under a confidentiality agreement

Showing a product or design to a factory under a signed NNN or confidentiality agreement is generally treated as a private disclosure. It may not constitute prior art in the same way that a public disclosure would. However, the specific facts matter — including whether the agreement was in place before the disclosure, what was disclosed, and whether the factory adhered to the agreement.

Disclosure without any confidentiality agreement

Showing a product to a factory without any signed agreement creates more uncertainty. The factory may argue it received the product information as public material, or the absence of a confidentiality agreement may affect how the disclosure is characterized in a patent analysis.

Public disclosure — trade shows, crowdfunding, product listings

Presenting a product at a trade show, launching a crowdfunding campaign, or posting a product listing publicly before filing a patent application is generally treated as public prior art. This is a common and significant risk for product founders who launch publicly before filing.

Why Confidentiality Agreements Matter for Patent Timing

One of the practical reasons to sign an NNN agreement before sharing product files with a Chinese factory is patent timing. A signed confidentiality agreement creates a record that the disclosure was private — which may be relevant to how the disclosure is characterized in a later patent analysis.

An NNN with a non-filing clause also adds a layer of protection against the factory filing IP registrations based on the product: utility model patents, invention patents, design patents, or trademarks. Without such a clause, the factory may argue it has no obligation not to file.

What to Check If You Already Showed Your Product

If you have already shown your product to a factory and have not yet filed a China patent, the following information will be relevant when you consult qualified patent counsel:

When was the first disclosure — date and form of the disclosure
Was a confidentiality or NNN agreement signed before the disclosure, and what did it say
What exactly was shown — a general concept, a prototype, detailed drawings, or a production sample
Has any public disclosure occurred since the factory disclosure — trade show, crowdfunding, product listing, sale
In what countries are you considering patent protection — China, the US, EU, and others have different novelty standards
Whether any patents or utility models have already been filed in China by anyone based on the same or similar product

When to Act Quickly

Speed matters after any disclosure that could affect patent options. Every additional public or commercial use after the first disclosure may further reduce the available options. The following situations warrant prompt action:

You have shown detailed drawings, a prototype, or a production sample to a factory and have not filed a patent in China or elsewhere
You are about to launch a crowdfunding campaign or make a public product announcement
You have received a sample or production unit from a factory and are considering whether to proceed with mass production
You have discovered that the factory or an affiliated entity may have filed a patent, utility model, or design registration based on your product

Get Help

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If you are concerned about factory disclosure and patent timing, a Supplier Control Review can help assess your document position and identify what steps to take next.

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Frequently Asked Questions

Does showing my product to a Chinese factory automatically bar a China patent?

Not automatically. Whether factory disclosure creates a prior art bar depends on several factors: whether a confidentiality or NNN agreement was in place, whether the disclosure was public or private, what was disclosed and in what form, and when the disclosure occurred relative to any patent application. The analysis is fact-specific — no general yes or no answer applies to all situations.

What is the difference between private and public disclosure for China patent purposes?

Disclosure to a factory under a confidentiality agreement is generally treated as private and may not constitute prior art that bars a patent application. Disclosure without any agreement — or disclosure in a public setting such as a trade show, crowdfunding campaign, or product listing — is more likely to be treated as public prior art. The specific facts of each disclosure matter, and the analysis should be done with qualified patent counsel.

Is there a grace period for China patent applications after disclosure?

China's Patent Law does provide a limited grace period for patent applications after disclosure in certain specified circumstances — such as disclosure at a recognized international exhibition or in the public interest. However, the grace period is narrow and does not cover all types of prior disclosure. Whether a grace period applies to a particular factory or market disclosure depends on the specific facts. Qualified patent advice should be sought promptly.

What should I do if I showed my product to a factory and have not yet filed a patent?

Act quickly. Gather all records of the disclosure — when it happened, what was shown, to whom, and whether any confidentiality agreement was in place. Then seek qualified patent counsel to assess whether a filing is still possible and on what timeline. Speed matters because additional public or commercial use after the factory disclosure may further reduce options.

Can the factory file a patent based on my product after I showed it to them?

In practice, this risk exists. Chinese factories and their engineers sometimes file utility model patents or invention patents based on products shown to them by foreign buyers. An NNN agreement with a non-filing clause — prohibiting the factory from filing any IP registration based on the customer's products, designs, or files — is a practical measure to address this risk. Without such a clause, the factory may argue it has no obligation not to file.

Related Resources

Further reading on China patents, supplier protection, and pre-disclosure steps.

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