Patent Application Encyclopedia

10 years

1 year

DIP only conducts formality examination for utility models, and the documents can be authorized if they meet the formality examination standards. If litigation or evaluation of the stability of utility model Claim is required, the applicant may submit a request for substantive examination within one year after the granted announcement.

no

25 years

yes. Patent applicants can change the patent type from invention to petty patent (utility model) before the patent application is granted. The converted patent application has the filing date of the original patent 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

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

Reinstatement of Priority Accepted on Unintentional Grounds.

10 years

no

yes. A utility model can be converted into an invention at any time before granted/rejection, and the converted patent application has the same filing date as the original application, and can only be converted once and a conversion fee is required.

1 year

The initial protection is 10 years, and after the expiration, it can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

12-18 months

3 years

10 years

Reinstatement of priority is accepted on grounds of "due care."

20 years

• Grant fee: should be paid within 3 months after receiving the granted notice
• Annuity: From the 5th year from the filing date, the annual fee should be paid before the filing date of each year. If the annual fee is overdue, the payment can be postponed to a grace period of 6 months, but a penalty of AUD 100.00 is required every month