A Comparative Study of the Grace Period — China, United States and Europe

Journal: Modern Economics & Management Forum DOI: 10.32629/memf.v5i6.3190

Dawei Li

Changsha Chuwei Interllectual property agency, Changsha 410205, Hunan, China

Abstract

Novelty grace period as an exception to the prior art has a significant impact on the determination of the patentability of patent applications in various countries. Because of the variety of provisions on the novelty grace period, it has brought inconvenience to applicants who want to apply Patent in various countries. Therefore, the grace period has become an important topic of international coordination of patent law. This paper analyzes and compares the grace period stipulations in China, the United States and Europe, which leads to the thinking on the development direction of the novel grace period.

Keywords

patent, novelty, grace period

References

[1]Tegernsee Experts Group. Study Mandated By The Tegernsee Heads Grace Period, Sep 24, 2012, pp. 6-8. Available from: www.uspto.gov
[2]European patent law. Available from: www.epo.org.

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