Patent Application Encyclopedia

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

yes

10 years

4-6 months

Examination of form only. The utility model application is examined for compliance with formal requirements, uniformity and registrability. If there is no special requirement, no novelty review will be conducted. The applicant can submit a request for delay in grant within 2 months from the filing date/priority date, and the grant can be delayed for 15 months at the latest.

no

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

2-4 years

20 years, inventions of pharmaceuticals, agrochemicals and pesticides can enjoy a maximum patent term extension of 5 years.

20 years

• Grant fee: The applicant should pay the granted fee, announcement fee and the first annual fee (that is, the annual fee for the first to third years) within 3 months after receiving the notification of the granted decision.
• Annuity: Pay year by year in the first year from the date of application. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the year's annual fee will be paid as a late fee.

The novelty grace period is 6 months before the filing date/priority date.

20 years. Pharmaceutical invention patents have supplementary protection certificates (Supplementary protection certificates, SPC), which can extend the protection period for 5 years.

• Grant fee: Pay the granted fee within 60 days after granted.
• Annuity: The starting date of the annual fee is the granted date, and the first annual fee is the annual fee for the first to fifth years.

via Paris Convention : 6 months from earliest priority date.

6 months before the filing date/priority date.

The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

• (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.