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10 June 2022 / Phillip Johnson
Issue: 7982 / Categories: Features , Patents
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Patent law: the grace is on?

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Where does UK patent law stand on grace periods for disclosure? Phillip Johnson assesses the changing landscape
  • Under UK patent law, grace periods are very limited, meaning that any disclosure of an invention made before the priority date will undermine the novelty of the patent.
  • The UK is trying to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, but to do so it will need to resolve a conflict it creates with its membership of the European Patent Convention.

Whether to give inventors a general grace period so that they can safely disclose the invention and not lose the right to a patent has been a topic of international interest for decades. The issue can be stated by the following scenario: a person turns up at a patent attorney’s office and says: ‘I have just invented the best thing ever. I described it to all my friends in the pub last night and they all agree I should patent it.’ The patent attorney interrupts to say it is

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NEWS
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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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