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TABLE II


Country
Novelty Requirement
Subject For Protection
Comments
Andean Community
Same as for Patents
Device, Tool, Implement, Mechanism, or other object or part thereof, etc.

Argentina
6 Month Grace Period for Inventor’s Disclosure Outside Argentina
Tools, Working Instruments, Devices, Objects Used for Practical Work

Australia
Same as for Patents
Same as for Patents
Lower Standard of Inventiveness than for Patents
Austria
6-Month Grace Period
Products, Devices, Machines, Processes, and Programming Logic
Lower Standard of Inventiveness than for Patents
Belgium
Same as for Patents
Same as for Patents
Same as for Patents
Brazil
Same as for Patents
Tools, Working Instruments, Utensils, etc.

Bulgaria
Same as for Patents
Shape, etc. of Products, Tools, Apparatus, etc.
Inventive Step is not Required
Chile
Same as for Patents
Instruments, Apparatus, Tools, Devices, Parts
Apparently a Lower Standard of Inventiveness than for Patents
China
Same as for Patents
Shape or Structure of Product
Lower Standard of Inventiveness than for Patents
Czech Republic
6-Month Grace Period For Own Publications
All Tangible Items Including Chemicals

Denmark
Same as for Patents
All Tangible Items Including Chemicals
Lower Standard of Inventiveness than for Patents, Cumulative Protection Possible
Finland
Same as for Patents
Shape or Design of A Device
Lower Standard of Inventiveness than for Patents
France
Same as for Patents
Same as for Patents
No Coexistence with Full Patents
Germany
Use Outside Germany not a Bar;
6-Month Grace
All Inventions Except Processes and Methods
Lower Standard of Inventiveness than for Patents; Can Be Cumulative with Patents
Greece
Same as for Patents
3d Object with Definite Shape or Form
Lack of Design Law leads to the use of the Utility Model Law as a Substitute
Guatemala
Same as for Patents
Device, Tool, Implement, Mechanism, etc.

Hungary
Use Outside Hungary not a Bar
Form, Structure, etc. of an Object

Indonesia
Same as for Patents
Same as for Patents
Novelty Exam Required Before Suit
Ireland
Same as for Patents
Same as for Patents
Novelty Exam Required Before Suit; Lower Standard of Inventiveness than for Patents
Italy
Same as for Patents
Machines, Machine Parts, Tools, etc.

Japan
Same as for Patents
Shape, Construction, etc. of an Article
Lower Standard of Inventiveness than for Patents
Korea
Same as for Patents
Shape, Construction, etc. of an Article
Inventive Step Required
Malaysia

Similar to Patents

Mexico
Same as for Patents
Objects, Utensils, Apparatus or Tools
No Requirement for Inventive Step
Netherlands
Same as for Patents
Same as for Patents
Novelty Exam Required before Suit can be Brought
Philippines
Local Novelty Only Required
Non-Inventive New Form, etc. of Tools or Products

Poland
Same as for Patents
Shape, Construction, etc. of an Object

Portugal
Same as for Patents
Tools, Utensils, Containers, etc.
Lower Standard of Inventiveness than for Patents
Russia
Use Outside Russia not a Bar
Construction of Production Means/Articles
No Requirement For Inventive Step
Slovakia
6-Month Grace Period for Own Publications
All Tangible Items Including Chemicals

Spain
Unlike Patents, Local Novelty Only
Utensils, Instruments, Tools, Apparatus, etc.
Inventive Step Required
Taiwan
Same as for Patents
Shape, Structure or Construction of Article
Lower Standard of Inventiveness than for Patents
Thailand
Same as for Patents
Similar to Patents

Turkey
Twelve Month Grace Period
Anything Patentable Except for Processes and Chemical Products
No Need for Inventive Step
Ukraine
Same as for Patents
Devices

Uruguay
Similar to Patents
Tools, Working Instruments, Utensils, etc.

Vietnam
Same as for Patents
Anything Patentable
No Need for Inventive Step


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© Copyright 2009 John Richards - Posted June 2009
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