| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Honduras | HN | 1 year before priority/filing |
The state of the art does not include disclosure within one year before the filing date (priority date); as a result, the patent application shall not be refused, invalidated or cancelled owing to occurrences in the interim from:
1. acts carried out by the applicant himself or by a third party; 2. abuse, non-performance of a contract or illicit acts against the applicant or his assignee; 3. publication of applications by other industrial property offices. |
1. Everything disclosed or made available to the public anywhere in the world, by means of publication in tangible form, oral disclosure, sale or commercialization, use or any other means before the patent application filing date (priority date) in Honduras.
2. The contents of a patent application pending before the Industrial Property Registry, the filing date of which is prior to the date of the application being examined and that has been published. |
| Hong Kong (S.A.R.) | HK | 6 months before priority/filing |
Disclosure of the invention not to be taken into consideration if it occurred no earlier than 6 months before the filing date due to:
1. an evident abuse in relation to the applicant or any proprietor of the invention for the time being; or 2. the fact that the applicant or any proprietor of the invention for the time being has displayed the invention at a prescribed exhibition or meeting. |
1. Everything made available to the public by means of a written or oral description, by use, or in any other way before the filing date (priority date) of the subject application.
2. Contents of any Hong Kong standard patent application with an earlier filing date (priority date) and of which the corresponding designated patent application was published in the designated patent office on or after the filing date (priority date) of the subject application. 3. Contents of any designated patent application as filed in a designated patent office with an earlier filing date (priority date) and of which the designated patent application was published by the designated patent office on or after the filing date (priority date) of the subject application. 4. Contents of any short-term patent application with an earlier filing date (priority date) which was published on or after the filing date (priority date) of the subject application. |
| Hungary | HU | 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 (priority date) due to:
1. an abuse of the rights of the applicant or his predecessor in title; 2. display of the invention by the applicant or his predecessor in title at an exhibition specified in the announcement by the President of the Hungarian Intellectual Property Office published in the Official Gazette. |
1. Everything made available to the public by a written description, oral communication, use or in any other way before the filing date (priority date).
2. Contents of Hungarian patent and utility model applications, and certain European and international applications, with an earlier filing date (priority date), published in the course of the patent granting procedure after the filing date (priority date). |
| Iceland | IS | 6 months before priority/filing |
Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date due to:
1. an 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 at an official or officially organized exhibition. |
1. Everything made available to the public in writing, in lectures, by public use or otherwise before the filing date (priority date).
2. Contents of certain Icelandic, European and international patent applications with an earlier filing date (priority date) which are made available to the public. |
| India | IN |
An invention shall not be deemed to have been anticipated by:
1. Disclosures at any time before the filing date (priority date) of matter obtained from, and published without the consent of, the inventor or his successor in title (provided that the invention was not commercially worked in India, otherwise than for the purpose of reasonable trial, and that a patent application for the invention was filed in India or a convention country as soon as reasonably practicable thereafter). 2. Other applications made in contravention of the rights of the inventors or his successor in title or public use or publication of the invention without the consent of the inventor or his successor in title by the applicants of such other applications or by any other person in consequence of the disclosure. 3. Disclosures due to the communication of the invention to the Government or to any person authorized by the Government to investigate the invention or its merits, or for the purpose of that investigation. 4. Disclosures within 12 months before the application is made (calculated from the opening of the exhibition or the reading or publication of the paper) by: (a) display or use of the invention with the consent of the inventor or his predecessor in title at an industrial or other exhibition notified in the Official Gazette; (b) publication of the invention in consequence of such display or use; (c) use of the invention during the period of the exhibition without the consent of the inventor or his predecessor in title; (d) description of the invention in a paper read by the inventor before a learned society, or published with his consent in the transactions of such a society. 5. Disclosures within one year before the filing date (priority date) by public working the invention for reasonable trial, by or with the consent of the applicant or his predecessor in title. 6. Publication of invention anywhere in the world or use of the invention in India at any time after the filing of the provisional specification or complete specification which is treated as provisional specification by virtue of a direction under sub-section (3) of section 9 of the Act. |
Publication in any document or used in India or elsewhere in the world before the filing date (priority date). | |
| Indonesia | HU | 6 months or 1 year |
1. Disclosure shall not be deemed to be announced if it occurred within six months before the filing date by: (a) display of the invention at an official or officially recognized international exhibition, or in an official or officially recognized national exhibition in Indonesia; (b) use in Indonesia by the inventor for research or development. 2. Disclosure shall not be deemed to be announced if it is occurred within 12 months before the filing date by any other person in breach of a confidentiality obligation. |
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 earlier Indonesian patent applications published on or after filing date (priority date). |
| Ireland | IE | 6 months |
1. Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date due to: (a) a breach of confidence or agreement in relation to the invention; (b) the unlawful obtaining of information concerning the invention; (c) display of the invention by the applicant or his legal predecessor at an official or officially recognized international exhibition. 2. The applicant shall state, when filing the application, that the invention has been so displayed, and file a certificate within a prescribed period. 3. The Ministry may prescribe a period other than the six months and circumstances other than (a), (b), and (c) to give effect to any treaty or international conventions. |
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 earlier Irish patent applications published on or after filing date (priority date). |
| Israel | IL | Generally, 6 months |
1. Disclosure not to be taken into account in determining patentability if it occurred at any time before the filing date of matter obtained from the applicant or his predecessor in title and published without his consent (provided that the patent application was filed within a reasonable time after the publication became known to the applicant).
2. Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (calculated from the exhibition opening date) by: (a) display of the invention by the applicant or his predecessor in title at an officially notified industrial or agricultural exhibition in Israel, or at a recognized exhibition in a Convention State; (b) publication by the applicant or his predecessor in title of a description of the invention at the time of a said exhibition; (c) use of the invention by the applicant or his predecessor in title at, and for the purposes, of the exhibition; (d) use of the invention at the time of the exhibition (either at the exhibition or outside it and with or without the applicant’s consent). 3. Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (calculated from the date of the lecture or publication) by a lecture by the inventor before a scientific society, or by publication of the lecture in official transactions of the society, subject to prior notice to the Registrar. |
Anything made available to the public before the filing date (priority date) by a written, visual, audible or any other description, use, exploitation or exhibition. |
| Italy | IT | 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 (priority date) due to:
1. an evident abuse to the prejudice of the applicant or his predecessor in title; 2. display of the invention at an official or officially recognized exhibition. |
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 Italian, 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
