Patent Application Encyclopedia

no

• Licensing Fee: None.
• Annuity: The annual fee is paid year by year in the first year from the application date. The annual fee before the granted should be paid after the granted, and the subsequent annual fee can be paid every three years.

yes. Multiple designs are allowed in one design application, but no more than 50 designs.

If the design is disclosed by the designer or his representative within 12 months before the filing date, the design will not lose its novelty.

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

2-5 years

ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.

A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.

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

yes. After the substantive examination of the invention patent application, the patent applicant can submit a request and pay the prescribed conversion request fee to convert the patent type from invention to utility model. If the invention patent does not meet the conditions for granting a patent, a request for conversion may be filed within three months from the date of issuance of the rejection document of the invention patent.

no

It is protected for 10 years from the date of application, and can be renewed for 3 times, each time for 5 years, with a maximum protection of 25 years.

The initial protection period is 5 years, renewable 4 times, up to 25 years.

PRV only conducts formality examination on design patents. After the design is officially submitted to the PRV, no modification or addition of other designs is allowed. An applicant may request a deferment of publication for up to 6 months from the filing date/priority date, and this request must be made at the same time as the new application is filed.

no

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

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