Patent Application Encyclopedia

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

no

no

2 years

The RVO conducts only formality examination of design patent applications.

yes

no

yes. Prior to patent grant/rejection, the patent type can be converted from utility model to invention at the request of the applicant. Can only be converted once.

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

5-6 years

• Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receiving the patent granted decision
• Annuity: The annual fee for the first year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time

2 years

20 years

• Grant fee: The applicant shall pay the granted announcement fee within 2 months from the date of issuance of the granted decision notice.
• Annuity: starting from the date of patent announcement for 4 years, the payment date of the annual fee for the fifth year is the publication date of the fourth year or the international publication date, and so on. Fees can be paid within 3 months before the due date of payment. If the patentee fails to pay the annual fee on time, the non-payment notice will be published on the official announcement, and the fee can be paid within a grace period of 6 months after the expiration, but a 50% penalty must be paid at the same time.

The initial protection is 6 years, and can be renewed for 2 times after the expiration, and the maximum protection can be 10 years.

no

IPOPHIL conducts formality examination and substantive examination for invention patent applications. After completing the formality examination and prior art search, the applicant needs to enter the public procedure within 18 months from the filing date/priority date, and enter the substantive examination procedure if there is no objection. The applicant shall submit a request for substantive examination within 6 months from the date of publication of the application or within 6 months from the date of entering the national phase at the latest. If the requirements are met, the patent application will be authorized.