Disclosure Grace Period in Patent Law

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

jafarzade mirghasem; Seyedin Ali

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:27 Page(s): 167-201

Download Full-Text

Persian Verion

View:

651

Download:

Cites:

Information Journal Paper

Title

Disclosure Grace Period in Patent Law

Author(s)

jafarzade mirghasem | Seyedin Ali | Issue Writer Certificate

Keywords

Exception to lack of noveltyQ1

Priority rightQ2

Inventor’s immunityQ1

strategic disclosureQ1

Prior artQ1

Abstract

Disclosure grace period” is a length of time in which the applicant can file patent or industrial design application after public disclosure of the subject-matter and without impairing the novelty requirement. To provide “ grace period” in patent law, the legislature should consider four elements: duration of grace, type of disclosure, absolute or relative immunity of investor’ s disclosure against third parties’ publications and Priority right. This article discusses the mentioned elements and also pros and cons of grace period by analyzing Iranian law and through comparative studies. It is concluded that grace period is like a double-edged sword which means, on the one hand, that providing broad grace period along with strong shielding for inventor’ s disclosure can promote academic inventors and SMEs, but on the other hand, this approach can be misused by strategic delay or disclosure. Additionally, interaction of Priority right with grace period can be a barrier for technology transfer and attracting investors. Considering the status of Iran as a developing country, it is suggested that Iranian Legislature should increase grace period to 12 months, accept absolute immunity regarding patents and relative shield for designs and use the date of priority for the calculation of grace period in relevant cases.

Cites

No record.

References

No record.

Cite

APA: Copy

jafarzade, mirghasem, & Seyedin, Ali. (2019). Disclosure Grace Period in Patent Law. PRIVATE LAW, 7(27 ), 167-201. SID. https://sid.ir/paper/252747/en

Vancouver: Copy

jafarzade mirghasem, Seyedin Ali. Disclosure Grace Period in Patent Law. PRIVATE LAW[Internet]. 2019;7(27 ):167-201. Available from: https://sid.ir/paper/252747/en

IEEE: Copy

mirghasem jafarzade, and Ali Seyedin, “Disclosure Grace Period in Patent Law,” PRIVATE LAW, vol. 7, no. 27 , pp. 167–201, 2019, [Online]. Available: https://sid.ir/paper/252747/en

Related Journal Papers