| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| African Intellectual Property Organization (OAPI) | OA | 12 months before priority/filing |
Disclosure not to be taken into account in determining novelty if it occurred within 12 months before the filing date (priority date) due to:
1. an obvious abuse in relation to the applicant or his predecessor in title; 2. display of the invention by the applicant or his predecessor in title at an official or officially recognized international exhibition. |
Anything made available to the public before the filing date (priority date). |
| African Regional Industrial Property Organization (ARIPO) | AP | 6 months before priority/filing | Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date (priority date), by display of the invention at an official or officially recognized international exhibition. | Everything made available to the public by means of written disclosure, use or exhibition before the filing date (priority date). |
| Albania | AL | 6 months before priority/filing |
Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (priority date) when the publication is made by:
(a) the applicant or his predecessor in title ; (b) a third party who had obtained information from applicant or his predecessor in title; (c) an office and the information is found: (i) in another application filed by the applicant or his predecessor in title and which should not have been published by the office; (ii) in an application filed by a third party without the knowledge and the permission of the applicant or his predecessor in title, although the party received the information directly or indirectly from the applicant or his predecessor in title. (d) the applicant or his predecessor in title has displayed the invention at an official, or officially recognized, international exhibition. The applicant shall state when filing the patent application that the invention has been so displayed and shall file a supporting certificate within the time limit and under the conditions laid down in the Implementing Regulation. |
1. Everything made available to the public by means of written or oral description, use or any other way before the filing date (priority date). 2. Contents of subsequently published Albanian patent applications with an earlier filing date (priority date). |
| Algeria | DZ | 12 months before priority/filing |
Disclosure within 12 months before the filing date (priority date) not considered accessible to the public, if due to:
1. an act by the applicant or his predecessor in title, or 2. an abuse by a third party in relation to the applicant or his predecessor in title. |
Everything made available to the public by a written or oral disclosure, use or other means before the filing date (priority date). |
| Andorra | AD* | 6 months before priority/filing |
1. Disclosure not to be taken into account in determining patentability if it occurred within 6 months before the filing date (priority date):
(a) by the inventor or his successor in title; (b) of information in an application filed by the inventor which should not have been disclosed by the Office; (c) of information in an application filed, without the knowledge or consent of the inventor, by a person who obtained the information from the inventor; (d) a person who obtained the information from the inventor. 2. The effect of the grace period may be invoked at any time. |
1. Everything made available to the public by a written or oral description, use or in any other way before the filing date (priority date). 2. Contents of subsequently published Andorra patent applications with an earlier filing date (priority date). |
| Argentina | AR | One year before priority/filing |
1. Disclosure not to be taken into account in determining novelty if it occurred within one year before the filing date (priority date) by the inventor or his successor in title by:
(a) any medium of communication; (b) display at a national or international exhibition. 2. The application shall be accompanied by documentary supporting evidence. |
All technical knowledge made pubic by oral or written description, exploitation or other means of dissemination or communication before the filing date (priority date), in the country or abroad. |
| Armenia | AM | 12 months before priority/filing |
1. Disclosure not to be taken into account in determining patentability if it occurred within 12 months before the filing date (priority date) by:
(a) by the applicant or inventor; (b) any other person who obtained the information from the applicant or inventor. 2. The burden of proof is on the applicant. |
1. All information available before the filing date (priority date).
2. Contents of subsequently published or granted Armenian applications for inventions and utility models with an earlier filing date (priority date). |
| Australia | AU |
1. Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred:
(a) within six months before the filing of a provisional or basic application provided a complete application is filed within 12 months from filing of the provisional or basic application; or otherwise within 12 months before the filing of a complete application (i) by showing, use or publication of the invention at a recognized exhibition; (ii) in a paper written by the inventor and read before, or published with the inventor's consent by or on behalf of, a learned society; (b) within 12 months before the filing of a provisional or basic application provided a complete application is filed within 12 months from the filing of the provisional or basic application; or otherwise within 12 months before the filing of a complete application by working the invention in public for the purposes of reasonable trial due to the nature of the invention; (c) within 12 months before the filing of a complete application in Australia with the consent of the nominated person, patentee or predecessor in title or without consent and the information disclosed was derived from the patentee or predecessor in title; (d) at any time before the filing date, if the information disclosed was given by or with the consent of the patentee or predecessor in title, to the Commonwealth or a State or Territory, an authority thereof or person authorized thereby, to investigate the invention; and anything done for the purpose of such investigation. 2. In the cases of 1.a.(i), the applicant shall: (a) when filing the application, state that the invention has been disclosed at the exhibition; (b) before the publication of the application, file a statement issued by the exhibition authority. |
1. Information from documents made publicly available or information made publicly available through doing an act before the filing date (priority date), whether in Australian or elsewhere.
2. For deciding whether an invention is novel, information contained in an Australian patent application (including all international applicatins) published on or after the priority date with an earlier filing date (priority date), if the information was contained in the application at its filing date. |
|
| Austria | AT | 6 months before priority/filing |
1. Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date:
(a) due to an evident abuse in relation to the applicant or his legal predecessor; (b) by display of the invention by the applicant or his legal predecessor at an official or officially recognized exhibition. 2. The applicant shall: (a) when filing the application, state that the invention has been displayed at the exhibition; (b) within four months after the filing date, file a certificate and a description of the invention attested by the exhibition management, and indicate the exhibition opening date and the date of the first disclosure. |
1. Everything made available to the public by a written or oral description, use or other means before the filing date (priority date).
2. Contents of certain Austrian, European and international patent applications and Austrian utility model applications with an earlier filing date (priority date). |
| Azerbaijan | AZ | 12 months before priority/filing |
1. Disclosure not to be taken into account in determining novelty if it occurred within 12 months before the filing date (priority date):
(a) by the inventor; (b) any other person who obtained the information directly or indirectly from the inventor or applicant. 2. The burden of proof is on the inventor or applicant. |
1. Any information made available to the public before the filing date (priority date).
2. Contents of Azerbaijan patents and applications for inventions and utility models with an earlier filing date (priority date) published in official bulletin. |
*Not part of PCT
**Source: www.wipo.int/scp/en/national_laws/grace_period.pdf
***Source: www.wipo.int/export/sites/www/scp/en/national_laws/prior_art.pdf
