1 month
A 12-month novelty grace period is available if:
- The designer, his legal successor, or a third party arising from the information or activities of the designer or his legal successor
- Third party that harms the interests of the designer
The BPO conducts formal and substantive examinations of invention patent applications. The BPO will complete the formality examination within 1 month from the filing date, and then the BPO will verify the Certified Priority Document and its related fees, and will conduct a preliminary substantive examination and unity examination of the patent application within 3 months after the end of the preliminary examination. A patent application that has paid the search fee and publication fee is published within 18 months from the filing date/priority date, and the opposition period is 3 months from the publication date. Search reports, written opinions on patentability and third-party opinions will be conveyed to the applicant no later than 6 months after the expiration of the 3-month opposition period. Can be authorized.
no
- 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" and "unintentional/due care" accepted.
The BPO only conducts formality examination of utility model patent applications. The formality examination takes 3 months, and the content of the examination includes whether the applied for utility model patent application belongs to the object of protection, the issue of unity, etc. If the granted conditions are met, the patent is authorized.
A novelty grace period of 6 months is available if:
- The applicant or the original right holder obviously abused the
- Exhibited by the applicant or the original right holder at an official or officially recognized exhibition
- Grant fee: It will be paid together with the granted announcement fee one month after receiving the granted notice, and the payment will be doubled if it is overdue.
- Annuity: The renewal fee payment period is the corresponding date of the application date in the year, and can be paid within the last year of the current validity period. Payment can still be made within 6 months from the overdue date, subject to a penalty.
no
4-6 months