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.
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.
- 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.
not applicable. Designs disclosed to the public prior to filing are not eligible for application.
6 months
20 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
10 years
via Paris Convention : 6 months from earliest priority date.
DIP conducts substantive examination of design patent applications, and only examines whether the conditions of novelty and industrial applicability are met.
Reinstatement of priority on grounds of "due care" accepted.