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Q 9. Is there a novelty grace period in Japan?

Yes, there is.  The grace period in Japan applies to an application filed within one year from the date of the loss of novelty if the novelty is lost due to an actions of a person having the right to obtain a patent or against the will of the person having the right to obtain a patent.  The specific examples of events where the novelty is lost “against the will of the person having the right to obtain a patent” are as follows:

– Publication as a result of conducting a test;

– Publication as a result of announcement in publications;

– Publication through an electric telecommunication line;

– Publication through an act such as assembly, exhibition, sale, or distribution;

– Publication by appearance in a press conference, or on live programs such as TV and radio

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名古屋国際弁理士法人

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