yes. The applicant may request that the patent application be changed from an invention to a utility model before the publication of the patent application but no later than the grant decision.
The novelty grace period is 6 months before the filing date/priority date.
yes. The applicant can request to change the patent type from utility model to invention before the patent is granted.
ROSPATENT conducts formality examination and substantive examination of utility models, and only one independent claim is allowed to be submitted, and utility model patent applications must have novelty and industrial applicability.
- 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 starting from the first 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 a 50% penalty must be paid at the same time.
no
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
Reinstatement of priority on grounds of "due care" accepted.
The initial protection is 5 years, which can be renewed every 5 years, up to a maximum of 25 years.
no