Grace Period Notes
DURATION and COMMENCEMENT
- Twelve months ending on the filing date of the Australian application r2.2C(3), r2.2D
- 1 April 2002, Australian applications filed on or after this date
GRACE PERIOD COVERAGE
- Publication or use by the applicant or predecessor in title s24(1)(a), r2.2C(3)
- Publication or use without consent if derived from the applicant or predecessor in title s24(1)(b), r2.2D
- Disregarded for both novelty and inventive step r2.2C
- Secret use also excused within twelve months s9(e), r1.6
RELATED PRIOR ART EXCEPTIONS
- Working the invention publicly for reasonable trial r2.2(2)(c)
- Showing or use at a recognised exhibition r2.2(2)(a)
- Reading before a learned society r2.2(2)(b)
- Different time periods apply: r2.2(3), 2.2A(3), 2.2B(3)
LIMITS
- Grace period does not defeat third party publications unrelated to the applicant
- Prior use rights for third parties who begin using before the priority date s119
- Prior use rights do not arise where the use derived from the patentee s119(3)
ADMINISTRATION
- Applies automatically—no declaration required
- Evidence of the disclosure produced only if the disclosure is later cited
