| Country | WIPO country Code* | Grace Period | Grace Period Description (from WIPO 06/2017)** |
Prior Art Definitions (from WIPO 06/2017)*** |
|---|---|---|---|---|
| Japan | JP | 6 months before priority/filing |
1. Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within six months before the filing date: (a) against the will of the person having the right to obtain a patent; or (b) as a result of an act of the person having the right to obtain a patent (excluding the case in which it has been disclosed through the publication in the bulletin pertaining to inventions, utility models, designs or trademarks). 2. The applicant shall submit (in the case of 1.(b) above): (a) a written statement to that effect at the time of filing; and (b) proof, within 30 days of the filing date, that the disclosure was in respect of the invention. |
1. Anything which, before the filing date (priority date), was publicly known or worked, published, or made available to the public through electric telecommunication lines.
2. Contents of certain Japanese patent and utility model applications with an earlier filing date (priority date) published on or after that date. |
| Jordan | JO | 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; 2. due to an abuse made by third parties against the applicant or his predecessor in title. |
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. |
| Kenya | KE | 12 months before priority/filing |
Disclosure not to be taken into account in determining novelty and inventive step 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 evident abuse committed by a third party in relation to the applicant or his predecessor in title. |
1. Everything made available to the public by a written or oral disclosure, use, exhibition or other non-written means before the filing date (priority date).
2. Contents of Kenyan and international patent applications with an earlier filing date (priority date) made available to the public. |
| Korea (South) (aka Republic of Korea) | KR | Generally, 12 months |
1. Disclosure not to be taken into account in determining novelty and inventive step if it occurred within twelve months before the filing date: (a) by the person with the right to obtain a patent (excluding the disclosure made by a national or foreign Office according to legislations or international treaties); (b) contrary to the intention of the person with the right to obtain a patent. 2. In the case of 1(a) above, the applicant shall state the intention to have 1(a) above applied in the application and, within 30 days from the filing date, a document proving the relevant facts. 3. Regardless of 2 above, where the applicant pays complement fees, it is allowed to submit a document stating the intention to have 1(a) above applied or another document to prove relevant facts within one of the following periods. (a) Period of amendment. (b) From the receiving date of a copy of a decision of allowance or a trial decision to cancel a decision of refusal (limited to trial decision which decided registration) to the earlier date of 3 months after the receiving date or the date to obtain registration of establishment of the patent right. | 1. Inventions publicly known, worked, described in a publication or made available to the public through electric telecommunication lines before the filing date (priority date). |
| Kyrgyz Republic | KR | 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 applicant or inventor; (b) a person who obtained the information from the applicant or inventor. 2. The burden of proof is on the applicant. |
1. Any information made generally available in the world before the filing date (priority date).
2. Contents of non-withdrawn Kyrgyz patent applications with an earlier filing date (priority date). |
| Latvia | LV | 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) the inventor or his successor in title; (b) due to incorrect disclosure by the Office of information in another application filed by the same inventor, and the Office was not permitted to disclose this information; (c) in an application filed, without the inventor's knowledge or permission, by a person who obtained the information from the inventor; (d) by a person who obtained the information from the inventor. 2. The effect of the grace period may be invoked at any time. In the event of a dispute, burden of proof is on applicant or patent owner. |
1. Everything made available to the public by a written or oral disclosure or use before the filing date (priority date).
2. Contents of published Latvian patent applications with an earlier filing date (priority date). |
| Liechtenstein | LI | 6 months before priority/filing |
Disclosure within six months before the filing date (priority date) due to:
1. an obvious 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 recognized international exhibition. (in accordance with the agreements with Switzerland and the European Economic Area (EEA)) |
1. Everything made available to the public by a written or oral disclosure, use or any other means before the filing date (priority date).
2. Contents of Swiss patent applications with an earlier filing date (priority date). (in accordance with the agreements with Switzerland and the European Economic Area (EEA)). |
| Lithuania | LT | 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: (a) due to an abuse with respect to the inventor or his successor in title; (b) by display of the invention by the inventor or his successor in title at an official or officially recognized exhibition. The burden of proof is on the applicant. |
1. Everything published or publicly used before the filing date (priority date).
2. Contents of Lithuanian patent applications or European patent applications with an earlier filing date (priority date) published on or after that date. |
| Luxembourg | LU | 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) an evident abuse in relation to the applicant or his legal predecessor; (b) 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. |
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
