Amendment to the Patent Act regarding the Application Grace Period Took E ect from May 1, 2017

The amendment to the Patent Act regarding grace period for patent filing was promulgated on January 18, 2017 and became effective from May 1, 2017. Major revisions include:

1. Extending the application grace period for invention and utility model patent from 6 months to 12 months after disclosure.

2. Expanding the applicability of application grace period to the pre- ling disclosures made willingly as well as those made against the will of the applicant.

3. Relaxing the procedural requirement of the application grace period. It is no longer required under the amended law to claim the applicability of grace period at the time of ling the patent application. The amendment is applicable to those patent applications led on or after May 1, 2017 only. (Ethan Wang of Patent Department)