Exceptions to loss of novelty in each country (grace period)

Countries around the world have regulations regarding exceptions to loss of novelty (grace period). However, the contents of the system differ depending on the country. Therefore, even if relief is available in Japan under the exceptional provisions for loss of novelty, the same relief may not be available in a foreign country.
　We have summarized the main countries and regions that have exceptions to the loss of novelty.

Japan (JP)

Application filed within one year from the date on which the following facts occurred:
(1) Public knowledge contrary to the will of the person who has the right to obtain a patent
(2) Publicly known due to the act of a person entitled to a patent.
(However, this excludes cases published in gazettes issued by domestic and foreign patent offices and international organizations regarding inventions, utility models, designs, and trademarks)

*In the case of (2) above, a document stating that the regulations apply must be submitted at the same time as the patent application. In addition, in principle, the specified certificate must be submitted within XNUMX days from the date of the patent application.

America (US)

Applications filed within 12 months from the publication date (or whose priority date is within 12 months from the publication date)
*No restrictions on publication (publication publication is also possible)

European Patent Office (EP)

within 6 months before filing
(1) Clear abuse against applicants, etc.
(2) Exhibition at specified international exhibitions (statement at the time of application and certificate required within four months of application)
Disclosure by a patent does not constitute a "state of the art" for the purpose of denying novelty.
*In short, novelty cannot be denied based on the disclosed content.

China (CN)

Applications filed within 6 months from the disclosure below (or whose priority date is within 6 months from the publication date)
(i) known to the public due to the act of a person entitled to a patent; 　

(ii) Unwanted public knowledge. (If you find out after the application date, submit the certificate within 2 months from the date you found out)
(iii) the state is in a state of emergency or emergency and is made public for the first time in the public interest;
*However, it should be noted that there are very few applicable international exhibitions, academic conferences, and technical conferences, and the scope to which the loss of novelty exception applies is extremely narrow compared to Japan.

South Korea (KR)

Applications filed within 12 months from the disclosure below
Publicly known due to the act of a person entitled to a patent, and publically known against his will

(However, this excludes cases where the application has been published or the registration has been announced in a foreign country)
*Judged based on the Korean filing date.
*Certificate can be submitted within the amendment period or within three months from the date of receiving the notice of decision to grant a patent.

Taiwan (TW)

within 12 months of publication
(i) Publication as intended by the applicant (excluding patent publications);
(ii) publication contrary to applicant's intent;

Eurasian Patent Office (EA)

Be made available to the public no earlier than six months before the filing date or priority date.
*Proof of disclosure status required

Russia

Applications filed within 6 months from the publication date
*Submit the statement of circumstances at the time of application or after application.
*No restrictions on publication location or publication method.

Ukrainian, Russian, English and "Yasashii-Nihongo", Plain Japanese

Disclosure of an invention by the inventor or his learner within 12 months of the filing date or priority date does not affect the patentability of the invention

India (IN)

(i) Publication against the wishes of the inventor, immediately after publication;
(ii) Communication of the invention to the government etc. for the purpose of investigating the content of the invention or its value, within one year
(iii) Publication at exhibitions, etc. within one year
(iv) Public implementation of test purposes within one year
(v) Implementation and publication after provisional application Submit complete specification within one year from provisional application

Canada (CA)

Applications filed within 12 months of publication

Brazil

Applications filed within 12 months from the disclosure below (or whose priority date is within 12 months from the publication date)
(i) Publication by the inventor
(ii) Publication of an application filed by the Patent Office without the inventor's consent based on information obtained from the inventor or the result of the inventor's actions;
(iii) Publication by a third party against the inventor's will based on information obtained directly or indirectly from the inventor or the inventor's actions;

Germany

Applications filed within 6 months from the publication of the following
(i) If the invention is made public against the wishes of the applicant
(ii) the invention is made public by being exhibited at an international exhibition;

France

Applications filed within 6 months from the disclosure below
(i) a patently abusive disclosure against the applicant or his legal predecessor;
(ii) disclosure by exhibition at an official or authorized international exhibition;

英国

Applications filed within 6 months of the following disclosure/disclosure
(i) Disclosed by or as a result of obvious abuse in relation to the applicant or his lawful successor;
(ii) exhibition of the invention by the inventor at a public or authorized international exhibition;

Gulf Cooperation Council (GCC) member countries

・Inventions to the public that are caused by or result from abuse of a third party's rights against the applicant or a previous right holder and that are within one year of the filing date or, if priority is validly claimed, within one year of the priority date. disclosure of
・Disclosure of the invention by the applicant or the previous right holder at a publicly recognized exhibition within six months of the filing date.

Turkey

Applications filed within 12 months from the disclosure below
(i) Disclosure by inventor
(ii) Disclosure by the Office if the information includes:

(iii) Disclosure by a third party who obtained the information directly or indirectly from the inventor (hereinafter omitted)

Israel

(i) in the case of a publication (written, oral, visual or auditory description) against the will of the invention owner (e.g. breach of confidentiality), within a reasonable period of time from the time the owner becomes aware of the publication;
(ii) Publication or use by the owner or prior right holder at a recognized exhibition (or use at that exhibition not authorized by the applicant), or in a lecture given at a scientific society or in the bulletin of a scientific society; In the case of publication through a similar lecture, an advance notice of the disclosure shall be sent to the Patent Office and an application filed in Israel as soon as possible, but within six months of the disclosure.

(I.e.

Applications filed within 6 months of publication

UAE

Within 12 months from the date of disclosure
(i) disclosure by the inventor; and
(ii) Disclosure by a person informed by the inventor.

バーレーン

(i) In the case of publication at an official exhibition, the application must be filed within 12 months (Law 04, Article 2).
(ii) Disclosure by or with the permission of the principal;

kuwait

(According to the regulations of GCC member countries)

Oman

(i) Application filed within 12 months from the publication date
(ii) a disclosure that is due to or is a result of the conduct of the applicant or his predecessors or the abuse by a third party of the rights of the applicant or his predecessors;

Qatar

(According to Patent Cooperation Treaty Rule 4.17)

Saudi Arabia

(i) In the case of disclosure resulting from abusive conduct against the applicant or previous right holder, the application was filed within six months of the disclosure;
(ii) In the case of disclosure as a result of exhibition at a publicly recognized international exhibition in one of the Paris Union countries, the filing date is within 12 months of the disclosure (*priority date not included)

Jordan

(i) Applications filed within 12 months from the publication date
(ii) Disclosure as a result of an act committed by the applicant or an unlawful act committed against the applicant by a third party;

Egypt

(i) Application filed within six months from the publication date
(ii) inventions presented at national or international exhibitions;

Indonesia (IN)

(i) 6 months from the date of exhibition at an official or authorized national or foreign exhibition;
(ii) 6 months from the date of implementation of the invention in Indonesia or abroad within the framework of testing for research and development purposes;
(iii) 6 months from the date of publication by the inventor at an academic conference, etc.
(iv) 12 months from the date of publication of the invention due to breach of confidentiality regarding the invention;

Singapore (SG)

within 12 months of disclosure,
(i) Unlawful or dishonest disclosure by a person who learned from the inventor and a person who learned from the person who learned it;
(ii) disclosure contrary to good faith by the inventor or a person who has learned the matter in confidence from the inventor;
(iii) Exhibition of the invention by the inventor at an international exhibition;
(iv) Disclosure in academic conferences or papers, or disclosure in the newsletter of an academic organization by the inventor or a third party with the inventor's consent.
(v) Not limited to (i) to (iv) above, any disclosure by the inventor or a person who directly or indirectly learned from the inventor

Thailand (TH)

Applications filed within 12 months from the disclosure below
(i) Unlawful Disclosure
(ii) Expo exhibition

Philippines (PH)

Applications filed within 12 months from the disclosure below
(i) Acts of inventor
(ii) adverse disclosures made by the Patent Office that either a) were stated in a separate application filed by the inventor and should not have been disclosed by the Patent Office, or b) were obtained directly or indirectly from the inventor; (if it is stated in an application filed by a third party without the knowledge or consent of the inventor)
(iii) Acts by a third party who obtained information from the inventor.

Vietnam (VN)

Within 12 months from the date of disclosure,
(i) Disclosure by a person entitled to registration;
(ii) Disclosure by a person who obtained the information directly or indirectly from a person entitled to registration.

Cambodia

(i) Disclosed within 12 months of the filing date or priority date;
And
(ii) Disclosure by the applicant, etc. or disclosure due to abuse of third party rights.
when
*Certificate must be submitted within one month from the application date.

Malaysia (MY)

・Applications filed within one year from the disclosure below
　(i) Applicant's conduct
　(ii) involuntary disclosure;
・The disclosure is from an application pending with the UKIPO on the date of entry into force.

Hong Kong

<Standard patent>
Novelty is not lost due to the following disclosure made in June before the filing date of the application filed with the designated office.
(1) Publication due to obvious abuse against the applicant
(2)Exhibition at officially recognized international exhibitions

<Short-term patent>
Novelty will not be lost if the following disclosures are made within six months before the filing date:
(1) Publication due to obvious abuse against the applicant
(2)Exhibition at officially recognized international exhibitions

Australia

(I)
　(a) exhibition or use at a recognized international exhibition, or public announcement during the opening of a recognized international exhibition at which the display or use took place (Rule 2.2);
　(b) Oral presentation at an academic conference or publication by or on behalf of an academic society (Rule 2.2A)
　[1] Within 12 months from (a) or (b) above
　[2] If priority is claimed based on an application (basic application) filed in a foreign country within 6 months from (a) or (b) above, within 12 months from the basic application.
(ii) public performance for reasonable testing purposes (Rule 2.2B);
　[1] Within 12 months from the above public implementation
　[2] If priority is claimed based on an application (basic application) filed in a foreign country within 12 months of the above public implementation, within 12 months of the basic application.
(iii) In the case of disclosure by the holder or a person with his or her consent other than the above (Rule 2.2C), within 12 months from the disclosure.
(iv) In the case of disclosure by a third party who obtained information from the Holder without the consent of the Holder (Rule 2.2D), within 12 months from the relevant disclosure.

New Zealand

(i) In the case of disclosure against the wishes of the inventor, etc., one year from the date of disclosure.
(ii) in the case of exhibition or use at an approved exhibition, six months from the date of exhibition or use;
(iii) carried out for reasonable testing purposes, such as by the patentee or a designee (the person identified as the person to whom the patent is granted, usually the applicant), and carried out publicly in view of the nature of the invention; 1 year from the date of implementation if it is reasonably necessary to do so.
(iv) 1 year from the date of disclosure if disclosed by the patentee or designee, etc.

South Africa

Novelty is not lost by the following disclosures made prior to filing. (There is no limit to the applicable period)
・Disclosure or exploitation of the invention prior to the priority date without the involvement or consent of the person entitled to the patent
・Disclosure or implementation of an invention carried out by technical tests or experiments of a person entitled to a patent before the priority date

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