Novelty Grace Period for U.S. Industrial Design Applications

Submitted by 页之码 on

If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

专利申请流程

  • If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

  • Reinstatement of the right of priority on the grounds of "unintentional" is accepted and subject to payment of the right of priority restoration fee.

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 30 months from the earliest priority date.
  • Filing Language: English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Certified Priority Document
    2. Power of Attorney
    3. Certified Priority Document
    4. small entity declaration
    5. inventor statement
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. IDS Form/IDS Document/prior art
  • 20 years

  • Filing Language: English

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Power of Attorney
    6. small entity declaration
    7. inventor statement
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer
    10. Notification issued by CNIPA notify the applicant the application has passed through the security review
    11. IDS Form/IDS Document/prior art

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Enter the US national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. small entity declaration
    9. inventor statement
    10. Declaration of Ownership/Certification of Employment/Assignment of priority
    11. Assignment for Patent Right Transfer
    12. IDS Form/IDS Document/prior art
  • 15 years

    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
  • If the disclosure is caused by the inventor or the information source of the discloser is the inventor; or if the disclosure occurs again after being disclosed by the above-mentioned subject, the patent enjoys a novelty grace period within 12 months before the filing date/priority date.

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