| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Pakistan | PK | 12 months before filing | Disclosure not to be taken into account in determining novelty if it occurred within 12 months before the filing date due to display of the invention at an official or officially recognized international exhibition. If later on, the right of priority is invoked, then the period shall start from the date of introduction of the article into the exhibition. The controller may require proof, with such documentary evidence as considered necessary, of the identity of the article exhibited and the date of its introduction into the exhibition. |
1. Everything disclosed to the public anywhere in the world, by publication in tangible form or oral disclosure, by use or in any other way before the filing date (priority date).
2. Contents of complete specifications and priority documents filed in Pakistan published in the official Gazette, on the acceptance of patent applications. 3. Traditionally developed or existing knowledge available or in possession of a local or indigenous community. |
| Panama | PA | 12 months before priority/filing |
Disclosure not to be taken into account in determining patentability if it occurred within 12 months before the filing date (priority date) due to:
1. publication of an application filed by a person not entitled to the grant of a patent; 2. publication of an application due to an error on the part of the Office. 3. an act engaged in by, or in committed in breach of trust or contract or unlawfully against, the inventor or his successor in title. |
1. Everything disclosed or made accessible to the public by tangible publication, oral disclosure, sale or marketing, use or any other means before the filing date (priority date).
2. Contents of subsequently published Panama patent applications with an earlier filing date (priority date). |
| Papua New Guinea | PG | 12 months before priority/filing |
Disclosure not to be taken into account in determining prior art if it occurred within 12 months before the filing date (priority date):
1. by the applicant or his predecessor in title; 2. due to an abuse committed with regard to the applicant or his predecessor in title. |
Everything disclosed to the public by tangible publication, oral disclosure, use or any other way before the filing date (priority date). |
| Paraguay | PY | 12 months before priority/filing |
The state of the art does not include disclosure of an invention within 12 months 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; 3. publication by the Patent Office of a patent application based on information obtained from the inventor and filed without his consent; 4. publication of a patent application due to an error on the part of the Office. |
1. Everything disclosed or made available to the public anywhere in the world by publication in tangible form, oral disclosure, sale or marketing, use or any other means before the filing date (priority date).
2. Contents of subsequently published Paraguayan patent applications with an earlier filing date (priority date). |
| Patent Office of the Cooperation Council for the Arab States of the Gulf | GCC* | 12 months before priority/filing |
Disclosure not to be taken into account in determining novelty if it occurred due to:
1. abusive actions of others against the applicant or his predecessor in title within 12 months before the filing date (priority date); 2. display of the invention at an officially recognized exhibition within six months before the filing date. |
Everything disclosed to the public anywhere by means of written or oral disclosure, by use, or by any other way by which the invention is realized before the filing date (priority date). |
| Peru | PE | 1 year before priority/filing |
Disclosure not to be taken into account in determining patentability if it occurred within one year before the filing date in the member country [of the Cartagena Agreement]:
1. by the inventor or his successor in title; 2. due to incorrect publication by an Office of a patent application filed by the inventor or his successor in title; 3. by a person 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 Peru patent applications with an earlier filing date (priority date) which are subsequently published or made available for public inspection. |
| Philippines | PH | 1 year before priority/filing |
Disclosure not to be taken into account in determining novelty if it occurred within one year before the filing date (priority date):
1. by the inventor or his successor in title; 2. due to incorrect publication by an Office of a patent application filed by the inventor; 3. in an application filed, without the knowledge or consent of the inventor, by a person who obtained the information from the inventor; 4. by a person who obtained the information directly or indirectly from the inventor or his successor in title. |
1. Everything made available to the public before the filing date (priority date).
2. Contents of Philippines patent, utility model and industrial design applications with an earlier filing date (priority date). |
| Poland | PL | 6 months before priority/filing |
Disclosure not to be taken into account in determining novelty if it occurred no earlier than six months preceding the filing of the patent application and if it was due to:
1. evident abuse in relation to the applicant or his predecessor in title; 2. display of the invention by the applicant or his predecessor in title on the territory of the Republic of Poland or elsewhere in the world, at an official or officially recognized international exhibition. |
1. Everything made available to the public by a written or oral description, use, displaying or disclosure in any other way before the filing date (priority date).
2. Contents of subsequently published Polish patent and utility model applications with an earlier filing date (priority date). |
| Portugal | PT | 6 months before priority/filing |
1. Disclosure in official or officially recognised exhibitions falling within the terms of the Convention of International Exhibitions if the application for the patent is filed in Portugal within six months;
2. Disclosure resulting from evident abuse of any kind in relation to the inventor or his successor in title or publications made unduly by the National Industrial Property Institute (INPI); 3. Paragraph 1. above shall only apply if the applicant proves, within one month as of the date of filing the patent application, that the invention was actually displayed or disclosed as set forth in said paragraph and submits a certificate issued by the body in charge of the exhibition indicating the date on which the invention was first displayed or disclosed at the exhibition and the name of the invention in question. |
1. Everything made available, inside or outside the country, to the public by description, use or other means before the filing date (priority date).
2. Contents of non published patent and utility model requests of a previous date than that of the patent application with effect in Portugal. |
*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
