no
If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.
20 years
no
Reinstatement of priority on grounds of "due care" accepted.
DIP conducts substantive examination of design patent applications, and only examines whether the conditions of novelty and industrial applicability are met.
If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.
The initial period of protection is 6 years, which can be renewed twice, up to a maximum of 10 years.
DIP only conducts formality examination for utility models, and the documents can be authorized if they meet the formality examination standards. If litigation or evaluation of the stability of utility model Claim is required, the applicant may submit a request for substantive examination within one year after the granted announcement.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Authorization Fee: None
- Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the overdue period. The annual fee can be paid for multiple years at one time.