The initial protection period is 4 years, which can be extended for two consecutive three years, and the maximum protection period is 10 years.
A 12-month novelty grace period is available if:
- The applicant authorizes others to use
- manifest misuse by a third party
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.
yes. For an invention with the same subject matter, the applicant may file a patent type conversion request within 2 months from the date of receiving the patent application decision, but no later than 10 years from the application date, and change the patent type from invention to utility model .
20 years
no
- Grant fee: The applicant shall pay the granted fee within 3 months after receiving the granted notice.
- Annuity: pay year by year from the first year of the application date, and should be paid before the last day of the month of the application date at the latest, not exceeding one patent year, and the annual fee can be paid within a grace period of 6 months if it is overdue, and paid at the same time 200% late fee.
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
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
- Validation of European Patent in EPO member states: 3 months from the date of European patent grant