Patent Application Encyclopedia

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

yes.

• Within 3 years from the filing date, the patent type can be changed from utility model to invention upon request of the applicant
• Utility model patents can be converted to design patents at any time

A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

• Authorization Fee: There is no granted registration fee.
• Annuity: The applicant needs to pay the annual fee year by year after the granted. The payment period is the granted date of the year. The annual fee can be paid within a grace period of 6 months if the annual fee is overdue, but a 100% penalty is required.

4-5 years

• Licensing Fee: None.
• Annuity: The patentee is required to renew the design registration within 6 months of the renewal due date. If the annual fee is overdue, it can be paid within a grace period of 6 months, and the penalty should be paid at the same time.

no

20 years

yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.

INPI only conducts formality examination of utility model patent applications. Substantive examination may only be requested if the applicant deems it necessary. An invention protected by a patent can be protected simultaneously or successively with a utility model. To this end, applicants have a maximum of 1 year to make changes.

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee will be paid year by year starting from the fourth year from the filing date. The amount of the annual fee depends on the number of Claim, and the annual fee can also be paid. If the annual fee is overdue, it can be paid within the 6-month late payment period after the due date, but a 200% penalty must be paid at the same time.

INDECOPI conducts formal and substantive examinations of invention patent applications. The form review takes about 60 days. After submitting a patent application, INDECOPI will first check the application in detail for compliance with defense and atomic energy requirements. The applicant shall reply within 30 working days to the notice of form correction issued by the examiner. Failure to respond or an unsuccessful response to the patent application will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the date of application after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise objections within 60 days from the date of publication of the application. If an objection is raised, INDECOPI will start the objection procedure. The applicant must respond to the objection within 60 days. Within 6 months from the publication date, the applicant must file a request for substantive examination and pay relevant fees to enter the final substantive examination.

The initial term of protection is 5 years from the filing date, which can be extended up to 25 years by renewal every 5 years.

• Licensing Fee: None.
• Annuity: Pay yearly from the first year from the application date (it is recommended to pay the application fee together). If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, and a penalty of US$54.00 must be paid at the same time.

Korean Industrial Property Office

English: Korea Intellectual Property Office, abbreviation: KIPO

Website: Korean Intellectual Property Office (kipo.go.kr)

Korean Utility Model Patent Search: Integrated Search < SEARCH - KIPRIS Patent Information searching service

25 years

yes. The applicant may request that the patent type be converted from invention to utility model before the patent is granted.

5-6 years

yes. As long as the application is not abandoned, the patent type can be converted from utility model to invention within 3 months of filing the utility model patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.

• 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.