yes. Prior to patent grant/rejection, the patent type can be converted from utility model to invention at the request of the applicant. Can only be converted once.
yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.
ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.
If within 12 months before the filing of the design patent application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.
11 months. If an expedited request is made, granted can be obtained in about 3-4 months.
- Authorization Fee: None
- Annuity: After the granted, it will be paid year by year from the 6th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).
Filing Language: German Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
yes. Before the patent is granted/rejected, the patent type can be changed from invention to utility model at the request of the applicant. Can only be converted once.
ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be authorized if the granted conditions are met.
A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.