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Author Topic: Patent Grace Period  (Read 4844 times)

manoj pandey

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Patent Grace Period
« on: 06-17-07 at 06:34 am »

Can any one suggest me, which other countries provide grace period (Like US) and for how long?
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ThinkPatent

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Re: Patent Grace Period
« Reply #1 on: 06-17-07 at 09:46 pm »

Almost all member countries to the Paris Convention adhere to one year ‘grace period’ as per Article 4(C)(1) of the Paris Convention where the ‘grace period’ being measured from the date of filing of the first patent application (that is earliest priority date) for the invention in a member country.
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JimIvey

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Re: Patent Grace Period
« Reply #2 on: 06-19-07 at 07:29 pm »

If you're wondering about a "grace period" without a duly filed priority document for Paris Convention priority, I'm only aware of such grace periods in the US, Canada, and Argentina.

Regards.
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James D. Ivey
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manoj pandey

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Re: Patent Grace Period
« Reply #3 on: 06-19-07 at 10:09 pm »

Thanks Jim. ThinkPatent I think you have answered for priority claiming period which is one year for all member countries of Paris convention. I asked about grace period which allows an inventor to file an application for patent even after publishing it in any journal or other source, provided that the filing is made during the grace period following the publication.

Jim i wonder if Japan has also such provision.
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sans

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Re: Patent Grace Period
« Reply #4 on: 06-19-07 at 11:21 pm »


Such a grace period exist in India as well, but to a limited extent. Section 31(d) of the Indian Act provides a 1 year grace period for texts of lectures and papers delivered to the meetings of a learned society. Subject matter published in journals, however, do not enjoy such an exemption.

Japan seems to provide a six month grace period.

sans
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Dr. Michael Factor

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Re: Patent Grace Period
« Reply #5 on: 10-17-07 at 11:41 am »

There is a grace period in Israel where the Patent Office is informed about exhibition or scientific conference in advance. In practice, it is easier to simply file an application.
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