United States of America
Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within one year before the filing date in the form of:
1. inventions patented or described in a printed publication in the US or abroad;
2. public use or on sale in the US.
1. inventions patented or described in a printed publication in the US or abroad;
2. public use or on sale in the US.
India
An invention shall not be deemed to have been anticipated by:
1. Disclosures at any time before the filing date (priority date) of matter obtained from, and published without the consent of, the inventor or his successor in title (provided that the invention was not commercially worked in India, otherwise than for the purpose of reasonable trial, and that a patent application for the invention was filed in India or a convention country as soon as reasonably practicable thereafter).
2. Other applications made in contravention of the rights of the inventors or his successor in title or public use or publication of the invention without the consent of the inventor or his successor in title by the applicants of such other applications or by any other person in consequence of the disclosure.
3. Disclosures due to the communication of the invention to the Government or to any person authorized by the Government to investigate the invention or its merits, or for the purpose of that investigation.
4. Disclosures within 12 months before the application is made (calculated from the opening of the exhibition or the reading or publication of the paper) by:
(a) display or use of the invention with the consent of the inventor or his predecessor in title at an industrial or other exhibition notified in the Official Gazette;
(b) publication of the invention in consequence of such display or use;
(c) use of the invention during the period of the exhibition without the consent of the inventor or his predecessor in title;
(d) description of the invention in a paper read by the inventor before a learned society, or published with his consent in the transactions of such a society.
5. Disclosures within one year before the filing date (priority date) by public working the invention for reasonable trial, by or with the consent of the applicant or his predecessor in title.
1. Disclosures at any time before the filing date (priority date) of matter obtained from, and published without the consent of, the inventor or his successor in title (provided that the invention was not commercially worked in India, otherwise than for the purpose of reasonable trial, and that a patent application for the invention was filed in India or a convention country as soon as reasonably practicable thereafter).
2. Other applications made in contravention of the rights of the inventors or his successor in title or public use or publication of the invention without the consent of the inventor or his successor in title by the applicants of such other applications or by any other person in consequence of the disclosure.
3. Disclosures due to the communication of the invention to the Government or to any person authorized by the Government to investigate the invention or its merits, or for the purpose of that investigation.
4. Disclosures within 12 months before the application is made (calculated from the opening of the exhibition or the reading or publication of the paper) by:
(a) display or use of the invention with the consent of the inventor or his predecessor in title at an industrial or other exhibition notified in the Official Gazette;
(b) publication of the invention in consequence of such display or use;
(c) use of the invention during the period of the exhibition without the consent of the inventor or his predecessor in title;
(d) description of the invention in a paper read by the inventor before a learned society, or published with his consent in the transactions of such a society.
5. Disclosures within one year before the filing date (priority date) by public working the invention for reasonable trial, by or with the consent of the applicant or his predecessor in title.
Japan
1. Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within six months before the filing date:(a) by the person having the right to obtain a patent conducting an experiment, making a presentation in a printed publication or through electric telecommunication lines, or making a presentation in writing at a scientific body study meeting held by a scientific body designated by the Commissioner; (b) against the will of the person having the right to obtain a patent;
(c) display of the invention by the person having the right to obtain a patent at a prescribed national or international exhibition.
2. The applicant shall submit:
(a) awrittenstatementtothateffectwiththeapplication;
(b) proof, within 30 days of the filing date, that the disclosure was in respect of the invention (in the case of 1(a) and (c) above).
France
1. Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date due to:
(a) an evident abuse in relation to the applicant or his predecessor in title;
(b) display of the invention by the applicant or his predecessor in title at an official or officially recognized international exhibition.
(a) an evident abuse in relation to the applicant or his predecessor in title;
(b) display of the invention by the applicant or his predecessor in title at an official or officially recognized international exhibition.
2. The applicant shall declare at the time of filing that the invention has been so displayed, and furnish proof to that effect within a prescribed time limit.
2. making the invention public at a prescribed academic or technological meeting;
3. any person without the consent of the applicant.
China
Disclosure not to be taken into account in determining novelty if it occurred within six months before the filing date by: 1. display of the invention at an international exhibition sponsored or recognized by the Chinese Government;2. making the invention public at a prescribed academic or technological meeting;
3. any person without the consent of the applicant.
United Kingdom
1. Disclosure not to be taken into
account in determining novelty if it occurred within six months before
the filing date due to:
(a) matterdirectlyorindirectlyobtainedunlawfullyorinbreachofconfidencefromtheinventor;
(b) display of the invention by the inventor at an international exhibition.
(a) matterdirectlyorindirectlyobtainedunlawfullyorinbreachofconfidencefromtheinventor;
(b) display of the invention by the inventor at an international exhibition.
2. The applicant shall state, when
filing the application, that the invention was displayed, and furnish
written evidence within a prescribed time limit.
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