Patent Application Encyclopedia

It is protected for 5 years from the date of application, renewed every 5 years, and can be renewed twice, up to a maximum of 15 years.

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.

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

1-2 years

15 years

Multiple designs are allowed in one design application only if the designs belong to the same set (usually used or sold at the same time).

yes

A utility model patent application in Malaysia can only contain one claim and is subject to formal and substantive examination. The applicant needs to submit a request for substantive examination within 2 years from the date of application. There is innovation in the product or process or an improvement on the existing product or process. It should be practical, no creativity required.

• Authorization Fee: None
• Annual Fee: None

6 months before the filing date/priority date.

The USPTO conducts formal and substantive examinations of patent applications. The substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the invention, including but not limited to prior art, publications, sales records, etc. This obligation extends to the announcement of the grant of the patent or the withdrawal of the patent application. Failure to disclose significant prior art may result in the patentee being unable to enforce the underlying patent.

• No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
• An additional official fee is payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago

INPI only conducts a formality examination of the invention patent application, but still needs to pay the search fee within one month from the filing date and conduct a search by the EPO, and the search result does not affect the granted result.

• 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.

• Licensing Fee: None.
• Annuity: After the patent is granted, the annual fee shall be paid year by year from the third year of the application date, and the annual fee shall be paid before the last day of the month in which the application date is located. If the annual fee is overdue, it can be postponed and paid within 6 months after the due date at the latest, but additional penaltys are required. The penalty for the 3rd to 10th year is 85.00 euros, and the penalty for the 11th to 20th year is 230.00 euros.

3-6 months

Within 12 months prior to the filing date/priority date.