A Possible Introduction Of A Grace Period In Europe Seems To Be Closer.

The EPO’s Economic and Scientific Advisory Board (ESAB) has issued a statement on the possible introduction of a grace period in Europe. Even though ESAB members were divided amongst regarding the desirability of the introduction of a grace period in Europe, however they did agree that Europe should consider introducing a grace period only if two vital conditions are met: 1) the grace period must be a “safety-net” grace period, and 2) the grace period must be internationally harmonized in the key global patent systems. In particular, a “safety-net” means that the hypothetical grace period should be used only when absolutely necessary and any strategic use of it, which ran counter to the objectives of the patent system, should be discouraged. Ideally, if a grace period were adopted, it would be so that users did not “use” it, but occasionally “benefitted” from it, for instance, where accidental disclosure occurred.