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Is our own patent application, which is filed in grace period, consider as grace period disclousure?

Ask Patents Asked by ASA on October 3, 2021

I filled two application 3 month apart and the first application is published before the second one’s application date. My first application is classifed as "X" in the search report of the second application.

In my country (Turkey), we have 12 month grace period for both patentebility criteria. However, patent office says applications doesn’t consider as disclosure of patent owner/inventor. An officer i talked says that patent office did the disclosure, not the patent owner/inventor. The patent law just says "disclousure of the owner/inventor in 12 months doesn’t effect of patentebility" and it doesn’t specify type of the disclousure.

When I did little research, I found out applications are considered as disclosure in many country and also many of the offices doesn’t specify type of the disclosure for grace period.

Thanks your helps already.

Best regards.

One Answer

From a web site of a practitioner of Turkish patent law the grace period starts when a disclosure is made by

a) By the inventor.

b By an authority to which the patent application was filed and the information was contained in 1 another application filed by the inventor which application should not have been disclosed by the respective office or [2] . . . .

There other exceptions that do not fit your case.

If this is the law, then a proper publication of your first application by the Turkish office does not start the grace period.

While that does seem illogical to me, you will not get anywhere arguing that it should not be the law or that other countries do it differently. Is it too late for the second application to claim priority from the first application under Turkish practice?

Correct answer by George White on October 3, 2021

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