Patent Application Encyclopedia

TIPO only conducts formality examination of utility model patent applications, and can quickly obtain patent granted by judging whether the formal requirements are met according to the description and drawings. After the granted announcement, anyone can obtain the patent technical report of the utility model application.

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

no

yes. After the applicant pays the corresponding fee, he can apply to change the patent type from invention to utility model.

• via Paris Convention : 12 months from the earliest priority date and 14 months at the latest.
• 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.

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

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

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

• Authorization Fee: None
• Annuity: After the granted, it will be paid year by year from the 6th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).

no

Formal examination and substantive examination are required.

OSIM conducts formality examination and substantive examination of design patent applications. The quality of the exterior design pictures must be guaranteed, and OSIM only accepts pictures or paper copies in .gif format. Applicants may apply for a deferment of publication, but not later than 30 months after the filing date. Within two months after publication, any third party may raise objections and provide evidence, and OSIM will convey the third-party public opinions to the applicant, and the applicant shall reply within two months from receiving the notification. Within three months of the objection being filed, OSIM will issue a report agreeing or denying the objection, which will be considered in the substantive examination.

Designs with a filing date after March 10, 2022, where the first disclosure occurs after that date due to:

• Inadvertently making a design public
• Didn't know the design needed to apply for protection before it was disclosed

A design patent application can enjoy a novelty grace period of 12 months.

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

• 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.

A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.

1-2 years

• Authorization Fee: None
• Annuity: Pay yearly from the first year from the application date, and the first annual fee should be paid after granted, and the subsequent annual fee can be paid once every 3 years.

1 year