Foreign Grace Periods

Foreign Grace Periods, Prior Art, and Requirements for a Claim in Provisional Patent Applications
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Country WIPO country Code* Grace Period Grace Period Description
(from WIPO 06/2017)**
Prior Art Definitions
(from WIPO 06/2017)***
Taiwan TJ 6 months for design / 12 months The revised Taiwanese Patent Act (May 1, 2017) extends the novelty grace period for patents from six to twelve months (but it's still six months for design patents). Additionally, the amendments provide broader scope of disclosures which fall under the requirements for claiming grace period. Previously, an invention could only be disclosed for experimental purposes, in printed publications, at exhibitions sponsored or recognized by the Taiwanese government, or if disclosure took place against or without the applicant’s consent. In the meantime, now it also includes any intentional or unintentional disclosure by the applicant, be it disclosure at a conference or on the internet or publication in a catalog, etc. A patent shall not be granted invention where such invention claimed in a patent application is identical with an invention or utility model disclosed in the description, claim(s) or drawing(s) of an earlier-filed invention or utility model patent application which is laid open or published after the filing of the later-filed patent application; however, this shall not apply where the applicant of the later-filed patent application is the same as the applicant of the earlier-filed invention or utility model patent application.
Tajikistan TH 6 months before priority/filing 1. Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date by:
(a) the inventor or applicant;
(b) a person who obtained information from the inventor or applicant. 2. The burden of proof is on the applicant.
1. Any information made available to the public before the filing date (priority date).
2. Contents of published Tajik patent applications and grants and registered utility models, international and of Eurasian applications with an earlier filing date (priority date), and published information thereon.
Thailand TH 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:
1. matter obtained unlawfully;
2. disclosure made by the inventor;
3. display of the invention by the inventor at an international or official exhibition.
1. Inventions widely known or used in Thailand before the filing date (priority date).
2. Printed publications and other documents publicly disclosed before the filing date (priority date).
3. Thai and foreign patents and petty patents granted before the filing date (priority date).
4. Contents of Thai and foreign patent and petty patent applications published before the filing date (priority date).
5. Contents of foreign patent applications and petty patent applications filed more than 18 months before the filing date but not granted.
Trinidad and Tobago TT 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:
1. by the applicant or his predecessor in title;
2. due to an abuse committed by a third party with regard to the applicant or his predecessor in title.
Everything made accessible to the public by a written or oral description, use or in any other way before the filing date (priority date).
Tunisia TN 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 a manifest abuse practiced on the applicant or his predecessor in title. 1. Everything made accessible to the public by a written or oral description, use or in any other way before the filing date (priority date).
2. Contents of Tunisian patent applications with an earlier filing date (priority date) published on or after that date.
Turkey TR 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):
(a) by the inventor;
(b) by an authority to which the application for a patent was made and the information released by this authority;
(c) in another application filed by the inventor which should not have been disclosed by the authority;
(d) in an application filed, without the knowledge or consent of the inventor by a third party who obtained the information directly or indirectly from the inventor;
(e) by a third party who acquired information directly or indirectly from the inventor. 2. The burden of proof is on the party invoking this paragraph.
1. Anything 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 Turkish, European and international patent applications with an earlier filing date (priority date) published 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