Patent grace periods are an important consideration for applicants who disclose their inventions before filing a patent application. While many Asia-Pacific jurisdictions provide some form of grace period, the scope, length, and availability vary across the Association of Southeast Asian Nations (ASEAN) and Hong Kong. Below is a summary of key provisions relevant to applicants seeking protection in these jurisdictions.

Brunei

• General Grace Period: Not available.
• Restricted Grace Period: Yes – 12 months, covering disclosures from breach ofconfidence, unlawful obtaining, or disclosure at a learned society orinternational exhibition.
• Remarks: Grace period applies only to novelty. BN or PCT application must befiled within 12 months of disclosure.

Cambodia

• General Grace Period: Yes – 12 months, coveringdisclosures by applicant, inventor, or predecessor in title.
• Restricted Grace Period: Yes – 12 months,covering disclosures resulting from abuse by a third party.
• Remarks: Grace period applies for novelty. KH orPCT application must be filed within 12 months of disclosure.

Indonesia

• GeneralGrace Period: Not available.
• RestrictedGrace Period: Yes – 12 months, covering disclosures at official exhibitions,for R&D purposes, in academic defenses, or due to breach ofconfidentiality.
• Remarks: Grace period applies for novelty only. IDor PCT application must be filed within 12 months of disclosure.

Laos

• General Grace Period: Not available.
• Restricted Grace Period: Yes – 6 months, covering inventions disclosed at official or officially recognized exhibitions.
• Remarks: Applies to patents, utility innovations, and designs. LA or PCT application must be filed within 6 months of disclosure.

Malaysia

• General Grace Period: Yes – 12 months, covering disclosures by applicant, inventor, predecessor in title, or authorized third parties.
• Restricted Grace Period: Not available.
• Remarks: Applies for novelty only. MY or PCT application must be filed within 12 months of disclosure.

Philippines

• General Grace Period: Yes – 12 months, covering disclosures by inventor or those obtaining information from the inventor, including unauthorized disclosures and patent office errors.
• Restricted Grace Period: Not available.
• Remarks: Grace period applies for novelty. Priority application must be filed within 12 months from disclosure.

Singapore

• General Grace Period: Yes – 12 months, covering disclosures by inventor or unauthorized third parties. Not available if prior applications filed without consent or erroneously published.
• Restricted Grace Period: Yes – 12 months, covering disclosures at recognized exhibitions or by learned societies.
• Remarks: Applies for novelty only. SG or PCT application must be filed within 12 months from disclosure.

Thailand

• General Grace Period: Yes – 12 months, covering disclosures by inventor (subject to examiner’s discretion).
• Restricted Grace Period: Yes – 12 months, covering disclosures made unlawfully or at international exhibitions.
• Remarks: Grace period applies for novelty. Priority application must be filed within 12 months of disclosure.

Vietnam

• General Grace Period: Yes – 12 months, covering disclosures by applicant or unauthorized third parties. Excludes properly filed earlier applications.
• Restricted Grace Period: Not available.
• Remarks: Grace period applies for novelty. VN or PCT application must be filed within 12 months from disclosure.

Hong Kong

• General Grace Period: Not available.
• Restricted Grace Period: Yes – 6 months, covering disclosures due to evident abuse or made at prescribed exhibitions or meetings.
• Remarks: Grace period applies for novelty. CN, EP, UK or HK OGP application must be filed within 6 months of disclosure.

Conclusion

ASEAN and Hong Kong take different approaches to grace periods, with most jurisdictions providing between 6 and 12 months of protection under either general or restricted provisions. In nearly all cases, the grace period applies only to novelty. Applicants should carefully assess each jurisdiction’s requirements to ensure compliance and to avoid inadvertent loss of rights.