| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Canada | CA | 1 year before filing | Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within one year before the filing date by the applicant, or by a person who obtained knowledge from the applicant. |
1. Everything available to the public before the filing date (priority date).
2. Contents of Canadian patent applications with an earlier filing date (priority date). |
| Chile | CL | 12 months before priority/filing |
Disclosure not to be taken into account in determining novelty if it occurred within twelve months before the filing date in consequence of :
1. acts done, authorized or derived from the applicant, or; 2. abuse and unfair practices in relation to the applicant or his predecessor in title. |
1. Everything disclosed or made available to the public by publication in tangible form, sale or marketing or use, or in any other manner, before the filing date (priority date).
2. Contents of Chilean patent and utility model applications with an earlier filing date (priority date) made available to the public on or after that date. |
| China | CN | 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 by:
1. display of the invention at an international exhibition sponsored or recognized by the Chinese Government; 2. making the invention public at a prescribed academic or technological meeting; 3. any person without the consent of the applicant. |
Technology known to the public before the filing date (priority date) in China or abroad. |
| Colombia | CO | 1 year before filing |
Disclosure not to be taken into account in determining patentability if it occurred within one year before the filing date (priority date) by:
1. the inventor or his successor in title; 2. an Office which incorrectly published the contents of the patent application filed by the inventor or his successor in title; 3. a third party who obtained the information from the inventor or his successor in title. |
1. Everything made available to the public by a written or oral description, use, marketing or other means before the filing date (priority date).
2. Contents of Colombian patent applications with an earlier filing date (priority date) which are subsequently published or made available for public inspection. |
| Costa Rica | CR | 1 year before filing |
The state of the art does not include disclosure of an invention within one year before the filing date (priority date) resulting from:
1. acts done directly or indirectly by the inventor or his successor in title; or 2. non-performance of a contract or illicit acts against any of them. The disclosure resulting from a publication made by an industrial property Office in the process of granting a patent shall be included in the state of the art, except for the case of a patent applicant, or when the application in question has been filed by a person who did not have the right to obtain the patent or when the publication has been made unlawfully. |
1. Everything disclosed or made available to the public anywhere in the world and by any means before the filing date (priority date).
2. Contents of non-published patent applications with an earlier filing date (priority date) but only if said contents remain included in the previous patent application upon publishing. 3. The disclosure resulting from a publication made by an industrial property office in the process of granting a patent shall be included in the prior art, except for the case of a patent applicant, or when the application in question has been filed by a person who did not have the right to obtain the patent or when the publication has been unduly made. |
| Croatia | HR | 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 due to: (a) an evident abuse in relation to the patent applicant or his predecessor in title; (b) display of the invention at an official or officially recognized international exhibition. 2. The applicant shall indicate in the application at time of filing that the invention has been so displayed, and submit a certificate within four months from the filing date. |
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 Croatian patent applications with an earlier filing date (priority date) made available to the public on or after that date. |
| Cyprus | CY | No provision |
1. Everything made available to the public in a written or other graphic form, or by oral description, use or in any other way before the filing date (priority date).
2. Contents of subsequently published Cyprus applications with an earlier filing date (priority date). |
|
| Czech Republic | CZ | 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 due to: (a) an evident abuse in relation to the applicant or his legal predecessor, (b) display of the invention by the applicant or his legal predecessor at an official or officially-recognized international exhibition. 2. The applicant shall indicate in the application at time of filing that the invention has been so displayed, and submit a certificate within four months from the filing date. |
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 certain Czech, European and international patent applications with an earlier filing date (priority date) made available to the public on or after that date. |
*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
