| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Madagascar | MG | 6 months before priority/filing |
Disclosure not to be taken into account in determining novelty due to:
1. display of the invention by the applicant or his successors in title at an officially recognized exhibition in Madagascar, or in the Member States of the Paris Convention if it occurred within six months before the filing date (priority date), subject to the submission of a recognized certificate attesting the participation of the inventor or his successor in title in such exhibition during which the public was made aware of the object incorporating the patentable invention; 2. an obvious abuse in relation to the applicant or his predecessor in title. |
Everything made available to the public anywhere by a written publication, oral disclosure, use or in any other way any time before the filing date (priority date). |
| Malaysia | MY | 1 year before priority/filing |
Disclosure disregarded from the prior art if it occurred within one year before the filing date due to:
1. acts committed by the applicant or his predecessor in title; 2. an abuse of the rights of the applicant or his predecessor in title; 3. a pending application in UK as at the date of coming into force of the Act (Patents Act 291 of 1983). |
1. Everything made available to the public by a written publication, oral disclosure, use or in any other way before the filing date (priority date).
2. Contents of subsequently granted Malaysian patent applications with an earlier filing date (priority date). |
| Malta | MT | 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) by:
1. the inventor; 2. incorrect disclosure by an Office of information contained in another application filed by the applicant; 3. publication of an application filed, without the knowledge or consent of the inventor, by a person who obtained the information from the inventor; 4. a person who obtained the information from the inventor. |
1. Everything made available to the public in a written or other graphic form, oral description, use or in any other way before the filing date (priority date).
2. Contents of certain subsequently published Malta, European and international patent applications with an earlier filing date (priority date). |
| Mauritius | MU* | 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):
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 disclosed to the public by publication in tangible form, oral disclosure, use or in any other way before the filing date (priority date). |
| Mexico | MX | 12 months before priority/filing |
1. Disclosure of an invention shall not establish lack of novelty when, within the 12 months prior to the filing date (priority date), the inventor or the successor to his rights has made the invention known by any means of communication, by putting the invention into practice or by having displayed it at a national or international exhibition.
2. When the corresponding application is filed, the evidentiary documents shall be included. The publication of an invention contained in a patent application or patent granted by a foreign office shall not be deemed to come within the scope of the previous paragraph. 3. When filing the application, the applicant must declare that the invention has been disclosed in accordance with the terms of paragraph 1 above. |
1. The body of technical knowledge that has been made public by oral or written description, by exploitation or by any other means of dissemination or information both within the country and abroad;
2. In order to determine whether the invention is new, all patent applications filed in Mexico prior to the filing date (or of recognized priority where applicable) and still being processed will be included in the state of the art, even though the publication referred to in article 52 occurs at a later date. |
| Mongolia | MN | No provision |
1. Everything made available to the public before the filing date.
2. The applications filed prior to the filing date of the invention and information on protected inventions and utility models in Mongolia. |
|
| Morocco | MA | 12 months before priority/filing |
Disclosure of an invention shall not be taken into consideration in the following cases:
1. if it occurred within 12 months before the filing date and was undertaken, authorized or obtained from the applicant. 2. disclosure resulting from publication, after the filing date, of an earlier application due to an evident abuse with regard to the applicant or his predecessor in title. 3. display of the invention for the first time by the applicant or his predecessor in title at an official or officially recognized international exhibition held in the territory of one of the countries of the Paris Union. The applicant shall declare when filing the application that the invention has been so displayed. |
Everything made accessible to the public by means of a written or oral description, use or any other means before the filing date of a patent application in Morocco or of a patent application filed abroad and with a valid priority claim. |
| Mozambique | 12 months before priority/filing |
1. Disclosure not to be taken into account in determining novelty if it occurred within 12 months before the filing date (priority date): (a) by the inventor or his successor in title, to a scientific or professional institution or publication, or in official or officially recognized competition, exhibition or trade fair; (b) due to an obvious abuse against the inventor or his successor in title. 2. In the case of 1(a) above, the inventor shall, when filing the application, submit a written declaration that the invention was exhibited or disclosed, and provide evidence to that effect within three months after the filing date. |
1. Everything made available to the public by a written or oral disclosure, use or in any other way before the filing date (priority date).
2. Contents of certain Luxembourg, 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
