Users respond on grace period for patents

Today the EPO has published the findings of the survey conducted last winter with regard to the novelty requirement under the EPC and the lack of a so-called „grace period“ in the European patent system. These findings show that the vast majority of European users are content with the status quo, and that a baseline estimate suggests only a minority (ca 6%) would use a grace period were one to be available.  

Nevertheless, the survey has also shown the particular needs of the university research sector, particularly in Europe, where academic disclosure can present problems for subsequent patent filings. 

Respondents to the survey mostly reported that the strict novelty requirements of the EPC present little or no difficulties. The notable exception were US applicants, amongst whom some 7% reported that pre-filing disclosures have caused their applications to the EPO to fail in the past. Taking the status quo today as a baseline, it is estimated that if a grace period were to be introduced, it would be potentially used for some 6% of applications. Finally, the ultimate uptake of any future grace period in the European patent system would depend on its design, and particularly, on whether any limitations, declaration requirements or prior user rights were adopted to balance out the system which would then influence whether applicants would modify their disclosure policies and behaviour as a result of the changes in the legal framework. 

The study is based on a broad survey of EPO applicants, complemented by user consultations and desk research of the existing literature. It gives the EPO and its stakeholders fact-based evidence on the workings of the European patent system. The results of the study will also contribute to the policy discussions on the international patent system and how it benefits both our applicants and society as a whole.