Patent Application Encyclopedia

no

• Authorization Fee: There is no granted fee.
• Annuity: Renewal fee is paid every 5 years. Overdue annual fee can be postponed at the latest within a grace period of 6 months after the due date, and a 20% penalty must be paid at the same time.

• Grant fee: The applicant needs to pay the granted fee after receiving the granted notice.
• Annuity: From the first year of application, the annual fee is paid year by year, and the annual fee for the first year is included in the application fee. The annual fee for the second year is payable on the anniversary date of the patent application. If the annual fee is overdue, you can pay it within a grace period of 6 months, and pay a late fee at the same time.

yes. One or a series of designs may be included under the same category.

via Nationalization of PCT : 31 months from the earliest priority date (this period may be reinstated: (i) 2 months after the factors preventing the applicant from filing an application for national phase entry have ceased; or (ii) when an application for national phase entry can be filed within 12 months after the end of the 31 months);

via Paris Convention : 12 months from the earliest priority date (priority cannot be restored);

no

yes. An invention patent application may submit a conversion request within 6 months from the date of issuance of the examination report and pay the corresponding fee. The converted application has the same filing date as the original application.

The novelty of the invention shall not be affected if the invention is disclosed directly or indirectly due to the following reasons within 6 months before the filing of the application:

• Practical testing and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention
• The applicant or inventor exhibits at an officially held or recognized exhibition
• Malicious disclosure by third parties

20 years

• Authorization Fee: None
• Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the overdue period. The annual fee can be paid for multiple years at one time.

via Paris Convention : 12 months from earliest priority date.

IMPI conducts formal and substantive examinations of utility model patent applications. However, the requirements for substantive examination are relatively loose, only novelty and industrial applicability are required, but innovation is not required.

Novelty grace period of 12 months for inventors, their successors and third parties who have received information about the invention from the inventor/successors, through any form of communication or at national and international exhibitions .

no

6 months before the filing date/priority date.

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.

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

• Publication at official or officially recognized international exhibitions
• Malicious disclosure by a third party

• via Paris Convention : 6 months from earliest priority date.
• EU appearance route: 6 months from the earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

no

TIPO conducts formality examination and substantive examination of design patent applications, and the request for substantive examination must be filed within 3 years from the filing date/priority date.