The European patent system and the grace period

The study aims to provide a fact-based, quantitative assessment of the potential economic impact which the possible introduction of the grace period in Europe might have. For this purpose, the analysis focuses as a first step on EPO applicants' current responses to the strict novelty requirement under the EPC. This data first measures the magnitude of the difficulties experienced by applicants as a result of the strict novelty requirement. It is also used as a second step to estimate the potential baseline frequency of grace period requests for European patents in case a grace period were introduced in Europe. EPO applicants' responses to different grace period scenarios, each involving specific balancing mechanisms, are finally analysed to assess the frequency and origins of potential grace period requests, as well as their impact on legal uncertainty, in each scenario.