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Q60. Document published during Grace Period

Q60. Document published during Grace Period
 Is a document which is published by the third party during the 6-month grace period regarded as a prior art?

A60. Yes. The provisions for the grace period in Japan give exception to lack of novelty of invention which satisfies certain requirements (the Patent Law Art.30). However, this grace period has no retroactive effects in respect of the filing date. Thus publications by the third party or any patent application filed prior to the filing date will be prior arts even the applicant receives the grace period.