Foreign Grace Periods

Foreign Grace Periods, Prior Art, and Requirements for a Claim in Provisional Patent Applications
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Country WIPO country Code* Grace Period Grace Period Description
(from WIPO 06/2017)**
Prior Art Definitions
(from WIPO 06/2017)***
Republic of Moldova MD 6 months before priority/filing 1. Disclosure of an invention shall not to be taken into consideration if it occurred within six months before the filing date and if it was due to, or in consequence of:
(a) an evident abuse in relation to the applicant or his legal predecessor;
(b) a display of the invention by the applicant or his legal predecessor at an international exhibition. An exhibition shall be considered international if it is officially organized, involves participation of producers of several states and the information about such exhibition has correspondingly been made available to the public.
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).
Romania RO 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:
(a) due to an evident abuse in relation to the applicant or his legal predecessor;
(b) by display of the invention by the applicant or his legal predecessor at an official or officially recognized exhibition.
The applicant shall:
(a) when filing the application, state that the invention has been displayed at the exhibition;
(b) within four months after the filing date, file a certificate and a description of the invention attested by the exhibition management, and indicate the exhibition opening date and the date of the first disclosure.
1. All knowledge that has been 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).
2. Contents of patent applications filed with OSIM and international applications that have been entered in the national phase in Romania or certain European patent application designating Romania, as filed, with an earlier filing date (priority date) made available to the public on or after that date.
Russian Federation RO 6 months before priority/filing 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 obtained information from the inventor or applicant. 2. The burden of proof is on the applicant.
1. Any information made available to the public before the filing date (priority date).
2. Contents of published Russian Federation patent and utility model applications and grants, international and of Eurasian applications with an earlier filing date (priority date), and published information thereon.
Saint Lucia LC No Provision 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 patent applications with an earlier filing date (priority date) published on or after that date.
Saudi Arabia SA 1 year/6 months before priority/filing Cases of disclosure of inventions and industrial designs which are not considered as part of the previous state of technology shall be as follows:
1. If the disclosure occurred in the last six months preceding the date of filing the application or the date of the priority claim due to arbitrary acts against the applicant or his predecessor.
2. If the disclosure occurred as a result of displaying it in an officially recognized international exhibition in one of the countries of the Paris Union during the year preceding the filing of the application for the patent.
Everything that is disclosed to the public anywhere by means of written or oral disclosure, by use or by any other way through which knowledge of the invention is realized, prior to the filing date of the patent application or the priority application.
Serbia RS 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 officially recognized exhibition.
2. The applicant shall state, when filing the application, that the invention has been so exhibited, and shall file a certificate within four months of the filing date.
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 all applications in the Republic of Serbia as filed, with an earlier filing date (priority date) published on or after that date.
Singapore SG 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 due to:
1. matter directly or indirectly obtained unlawfully or in breach of confidence from the inventor;
2. display of the invention by the inventor displaying at an international exhibition;
3. a description of the invention in a paper read by, or with the consent of, the inventor before a learned society, or published with his consent in the transactions of a learned society.
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 patent applications with an earlier filing date (priority date) published on or after that date.
Slovakia / Slovak Republic SK 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 declare, when filing the application, that the invention has been so exhibited, and shall file a certificate to that effect within four months of the filing date.
1. Everything made available to the public by any means of disclosure before the filing date (priority date).
2. Contents of certain Slovak, European and international patent applications and Slovak utility model applications with an earlier filing date (priority date) published on or after that date.
Slovenia SL 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 due to, or in consequence of:
1. an evident abuse in relation to the applicant or his legal predecessor;
2. the fact that the applicant or his legal predecessor has displayed the invention at an official, or officially recognized, international exhibition.
The applicant shall state, when filing the application, that the invention has been so displayed and shall file a supporting certificate.
1. Everything made available to the public by means of an oral or written description, use or in any other way before the filing date (priority date).
2. Contents of Slovenian, European and international patent applications with an earlier filing date (priority date) published on or after that date.
South Africa ZA Disclosure not to be taken into account in determining patentability if it occurred any time before the filing date (priority date) due to:
1. knowledge or matter obtained from the applicant or his predecessor in title and disclosed or used without his knowledge or consent (provided that, where the applicant learnt of that disclosure, use or knowledge before the filing date (priority date), he then applied for protection with reasonable diligence);
2. working the invention in South Africa, by the applicant or his predecessor in title, for reasonable technical trial or experiment.
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 South African and international patent applications with an earlier filing date (priority date) which are or become open to public inspection.
3. Inventions used secretly on a commercial scale in South Africa before the filing date (priority date).
Spain ES 6 months before priority/filing Disclosure not to be taken into consideration in determining the state of the art if it occurred during the six months preceding the filing date and if it was due to, or in consequence of:
1. an evident abuse in relation to the applicant or his legal predecessor;
2. display of the invention at an official or officially recognized exhibition, as provided for in the Convention Relating to International Exhibitions, signed at Paris on November 22, 1928 and last amended on November 30, 1972. The applicant shall declare, when filing the application, that the invention has been so displayed and shall file a supporting certificate within the time limit and under the conditions laid down in the implementing regulations.
1. Everything made available to the public in Spain or abroad by means of a written or oral description, by use, or by any other way, before the filing date (priority date).
2. Contents of Spanish patent or utility model applications, of European patent applications that designate Spain and PCT international patent applications that have entered the national phase in Spain, as originally filed, with an earlier filing date and that have been published in Spanish on or before that date.
Sri Lanka LK 1 year / six months prior to filing 1. Disclosure not to be taken into account in determining novelty if it occurred within one year before the filing date by the applicant or his predecessor in title.
2. Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date due to an abuse of the rights of the applicant or his predecessor in title.
1. Everything made accessible to the public by a written publication to the public anywhere in the world, or in Sri Lanka by oral disclosure, use or in any other way, before the filing date (priority date).
2. Contents of subsequently granted Sri Lankan patent applications with an earlier filing date (priority date).
Sweden SE 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. 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 recognized international exhibition.
1. Everything made accessible to the public before the filing date (priority date) in writing, in lectures, use or otherwise.
2. Contents of certain Swedish, European and international patent applications an earlier filing date (priority date) subsequently made available to the public.
Switzerland CH 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 (priority date) due to:
(a) a manifest abuse in relation to the applicant or his legal predecessor;
(b) display of the invention by the applicant or his predecessor in title at an official or officially recognized international exhibition.
2. The applicant shall declare, when filing the application, that the invention has been so exhibited, and produce sufficient supporting evidence in good time.
1. Everything made accessible to the public by a written or oral description, use or any other means before the filing date (priority date).
2. Contents of subsequently granted Swiss patent applications with an earlier filing date (priority date).
Syrian Arab Republic SY No provision 1. Anything publicly described or used before the filing date (priority date).
2. Contents of Syrian and foreign patents granted, and applications filed, before the filing date (priority 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