1-3 years
yes. The applicant can request to change the patent type from utility model to invention before the patent is granted.
no
The novelty grace period is 6 months before the filing date/priority date.
ROSPATENT conducts formality examination and substantive examination of the design patent application. The applicant should submit the examination request and pay the corresponding fees together with the new application, and try not to submit color renderings.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
13 years
Grant fee: The applicant should pay the granted fee, registration fee and first renewal fee within 2 months after receiving the granted decision.
Annuity: From the third year onwards from the date of application, it shall be paid year by year. The renewal fee should be paid within the last year of the current 5-year validity period, and the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and a 50% penalty must be paid at the same time.
20 years, inventions of pharmaceuticals, agrochemicals and pesticides can enjoy a maximum patent term extension of 5 years.
- Grant fee: The applicant should pay the granted fee, registration fee and first annual fee within 4 months after receiving the granted decision.
- Annuity: pay year by year from the 3rd year from the application date, the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and the penalty is 50% of the annual fee of the year.
The novelty grace period is 12 months before the filing date/priority date.