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.
8 months
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
DIP conducts substantive examination of design patent applications, and only examines whether the conditions of novelty and industrial applicability are met.
The DIP conducts formality examination and substantive examination of the invention patent application. The formality examination generally takes 1-1.5 years. After the completion of the preliminary examination, the patent application will be published and enter a 90-day opposition period. The applicant can only submit a substantive examination request within 5 years after the application is published, and the examination results of other countries such as Japan, the United States, the United Kingdom and Europe need to be provided to the DIP.
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.
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.
yes. Patent applicants can change the patent type from invention to petty patent (utility model) before the patent application is granted. The converted patent application has the filing date of the original patent application.
- 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.
via Paris Convention : 6 months from earliest priority date.
yes. A patent applicant can convert the patent type from a petty patent (utility model) to an invention before the patent application is granted. The converted patent application has the filing date of the original patent application.