Grace Period

A period of time that is generally available in some jurisdictions (most notably the United States, but not the UK or Europe) following a public disclosure of an invention during which a patent application may still be filed without that disclosure being treated as prior art against the patent application.  

It is important to note that in jurisdictions where such grace periods are not available (such as the UK or Europe), a public disclosure of an invention before a patent application is filed will normally be treated as prior art and will adversely impact the novelty of any patent application subsequently filed for that invention. However, there may be some allowances made in such jurisdictions for public disclosures made in specific circumstances, such as in breach of confidence.

Indeed, even in jurisdictions where grace periods are provided, relying on them can be problematic.  Inventors and businesses should therefore exercise caution before publicly disclosing an invention and seek professional advice before doing so. 

This term may also be used in other contexts, such as in relation to the provisions allowing for late payment of renewal fees.