International Patents: Grace Periods after Public Disclosures

International Patents: Grace Periods after Public Disclosures

Once a public disclosure is made, the public disclosure bars the filing of a patent application in almost all jurisdictions. However, in the United States, there is a 12 month grace period starting from the public disclosure to file a patent application. A patent filing in the US does not count as prior art if we make a US filing before a public disclosure. Therefore, we have two routes to file applications in other countries.

Unleashing American Innovators Act of 2021 – Diversifying the Patent System
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Unleashing American Innovators Act of 2021 – Diversifying the Patent System

On September 21, 2021, Senators Patrick Leahy and Thomas Tillis introduced the Unleashing American Innovators Act of 2021. According to Leahy’s official press release, the proposed bill “requires the Patent Office’s satellite offices to conduct outreach to increase participation in the patent system by women, people of color, military veterans, individual inventors, and other groups that are underrepresented in the system.”

Restoring the America Invents Act – Proposed Title 35 Changes
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Restoring the America Invents Act – Proposed Title 35 Changes

Restoring the America Invents Act On September 29, 2021, Senator Patrick Leahy (D-Vt.) and Senator John Cornyn (R-Texas) introduced the Restoring the America Invents Act. According to Senator Leahy’s official press release, the goal of the bill is “to address problems for small businesses and ordinary Americans caused by poor-quality patent.” To promote clarity of the…

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