The Comprehension and Application of The Grace Period of Novelty
[Purposes]In terms of Article 24 of the"Patent Law"stipulating that"others who disclose their contents without the consent of the applicant"may require a grace period for novelty,the"Patent Exami-nation Guidelines"only gives a broad provision,resulting in certain doubts when the applicant submits the material and the patent examination,and it is necessary to discuss the issue in detail.[Methods]Based on an actual case,this paper elaborated and discussed understanding of"others",judgment of"without the consent of the applicant",impact of different disclosure forms,timing and form of grace pe-riod statements.[Findings]In the process of patent examination,when judging the situation of"dis-closed by any person without the consent of the applicant"as specified in the Article 24 of the Patent Law,it is necessary to verify the timing of proposing a novelty grace period statement,and to accurately judge whether the evidence belong to"disclosed by any person without the consent of the applicant".In the process of invention creation,necessary confidentiality measures should be taken to reduce the risk of accidental disclosure of the invention.In the process of patent application,it is necessary to provide the grace period statements and convincing proof materials in time according to the requirements within the specified time.[Conclusions]Through the above analysis,we have a clear understanding of the situa-tion that"disclosed by any person without the consent of the applicant"as specified in the Article 24 of the Patent Law in which grace period of novelty may be required,in order to improve the quality and effi-ciency of patent examination and protect the legitimate rights of the applicant.
grace period of noveltyotherswithout the consent of the applicantdisclosure
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