| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Ukraine | UA | 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) the inventor; (b) a person who obtained information from the inventor. 2. The burden of proof is on the person interested in applying the provisions of paragraph 1. |
1. Everything made accessible to the public before the filing date (priority date).
2. Contents of certain Ukraine and international patent applications with an earlier filing date (priority date) published on or after that date. |
| United Kingdom | GB | 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) matter directly or indirectly obtained unlawfully or in breach of confidence from the inventor; (b) display of the invention by the inventor at an international exhibition. 2. The applicant shall state, when filing the application, that the invention was displayed, and furnish written evidence within a prescribed time limit. |
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 UK patent applications, including European patents (UK) and international applications designating the UK which have entered the national or regional phase, with an earlier filing date (priority date) published on or after that date. |
| United States of America | US | 1 year before priority/filing |
Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within one year before the filing date in the form of:
1. inventions patented or described in a printed publication in the US or abroad; 2. public use or on sale in the US. |
1. An invention which was known or used by others in US, or patented or described in a printed publication in US or a foreign country, before the invention by the applicant;
2. An invention which was patented or described in a printed publication in US or a foreign country or in public use or on sale in US, more than one year before the filing date; 3. An invention abandoned by the applicant; 4. An invention which was patented, or was the subject of an inventor's certificate filed by applicant or his legal representatives or assignees in a foreign country more than 12 months prior to the filing date; 5. An invention which was described in a published US patent application by another or in a patent filed by another before the invention by the applicant (for the PCT international applications, only if they designate US and are published in English language); 6. During the course of interference, another inventor establishes that, before the invention date, he/she invented the invention and not abandoned, suppressed or concealed the invention; or another inventor made the invention in US before the invention date and he/she had not abandoned, suppressed or concealed the invention. |
| Uruguay | UY* | 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) by:
1. the inventor or his successor in title; 2. a person who obtained information from the inventor. |
1. Anything made available to the public by a written or oral description, use or any other method of dissemination or information before the filing date (priority date).
2. Contents of subsequently published Uruguay patent applications with an earlier filing date (priority date). |
| Uzbekistan | UZ |
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 received information from the inventor or applicant. 2. The inventor or applicant shall prove the circumstances of the disclosure. |
1. Any information generally accessible before the filing date (priority date).
2. Contents of withdrawn Uzbekistan patent applications with an earlier filing date (priority date). |
|
| Zambia | ZM |
Exceptions to allow the novelty requirement of a patent not to be destroyed either because the patent has been made available to the public or has been disclosed or used:
1. where a patent is worked or used by way of reasonable technical trial or experiment by the applicant or any person or persons from or through whom such applicant has derived his right or title; 2. application for the patent relating to the Paris Convention for the protection of industrial property if lodged in Zambia within twelve months after the effective or priority date of the first application in the first convention country; 3. where the invention is communicated through any agreement or arrangement made by or on behalf of the government of Zambia with the government of any country for the supply or mutual exchange of information or articles relating to the invention, and as a result of such agreement or arrangement the invention is published, made, used, exercised or vended, or an application for a patent has been granted on such an application; 4. where the invention applied for was published , used or known prior to the effective or priority date of the application and the applicant proves that the publication or use was made without his knowledge or consent, and that the matter published or used was derived or obtained from him |
1. All knowledge that exist before the relevant filing or effective date of a patent application, whether it existed by way or written or oral disclosure.
2. For the purpose of deciding novelty, everything made available to the public and a document shall be deemed to be published if it can be inspected as of right by members of the public, whether upon payment of a fee or otherwise |
|
*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
