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Grace periods apply for other types of intellectual property rights in some countries, including registered designs and utility models.For example, there is a 12 month grace period in respect of Registered Community Designs (European Union).Therefore, for some types of inventions, other intellectual property rights may still be registrable even if a patent cannot be obtained because of an earlier disclosure.
The “first to invent” system applies for US patent applications entitled to an effective date (including priority date) before 16 March 2013.
This information sheet provides basic information about grace periods operated in some countries, but it is not definitive or exhaustive.
Please contact us for more information if applicable.
Utility models are patent-like rights that differ from patents mainly in that they are often not examined for novelty and inventive step (non-obviousness) on filing, have a lower or non-existent inventive step requirement, and have a shorter duration (10 years for the above states).
It is possible to obtain utility model protection by converting a PCT patent application to a utility model.
For example, in Europe the grace period for abusive disclosures or disclosures at exhibitions is 6 months, i.e.