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The grace period provisions are different in each country and a careful assessment needs to be made in each case to determine whether or not the grace period applies, but general guidance is set out below.
Generally, a grace period allows 6 or 12 months for filing a patent application after a disclosure (see examples of countries with 6 and 12 month grace periods above).
In addition to the countries already mentioned, there are some countries in which grace periods are specifically provided for particular types of disclosure, such as presentations of papers to scientific societies or performance of tests.
To find out whether a grace period can be used in a particular country, we recommend contacting a local patent attorneys in the relevant country, which we can do on your behalf.
It’s been an outstanding year for Mewburn, having received praise and multiple recommendations across the firm.
In some jurisdictions, utility models are not obtainable for the same types of inventions as patents; process and method inventions are excluded in many jurisdictions.