Lecture
A definite advantage for the inventor (applicant) arising from the rule on the grace period for novelty established by the Patent Law of Russia is considered to be the author's ability freely to publish information about the content of his invention (for example, in a scientific and technical journal), which is especially important for research workers and engineers. The author may first publish information about the invention and then attend to the drafting of an application for an invention or a utility model. The US Patent Law also affords authors (applicants) a similar opportunity.
The legislator has also provided for a so-called grace period for novelty: the novelty of an invention
is not prejudiced by such disclosure of information relating to the invention by the author, the applicant or any person who obtained that information from him directly or indirectly, whereby information on the essence of the invention became publicly available, provided the application is filed with the Patent Office no later than six months from the date of the disclosure of the information.
The burden of proving the fact that makes it possible to apply
the grace period for novelty lies with the applicant.
In addition, it must be borne in mind that the six-month grace period
runs from the filing date of the application and not from the priority date. Under Russian legislation the grace period for novelty is granted only to authors, applicants or persons who obtained information about the invention from them directly or indirectly.
In other words, what is meant is the good-faith disclosure of such information either
by the author (applicant) himself or with his consent. In respect of instances of bad-faith disclosure of information about an invention by third parties (for example, as a result of bribing an employee of the applicant), no grace period for novelty is provided.
In this respect the provision mentioned above differs from the rule on the grace period
for novelty laid down in the patent legislation of most industrially
developed countries, as well as in the European Patent Convention of 1973, under which this grace period is granted (in addition to the grace period connected with the display of the invention at an exhibition) also in cases of evident abuse committed in relation to the applicant or his predecessor in title.
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