Patent Application Encyclopedia

6 months before the filing date/priority date.

3-5 years

yes. Please consult IPONIGERIA for applicable standards and charges.

OPI conducts only formality examination of design patent applications.

IP Australia conducts formal and substantive examinations of patent applications for inventions. Patent applicants are required to submit a substantive examination request within 5 years from the filing date, or within 2 months after the official notification of submitting a request for examination (whichever expires earlier). If there are any problems in the examination, the patent applicant has 12 months to solve them. If the defects cannot be overcome, the patent application will be invalid. If no opposition occurs within the 3-month opposition period, the patent application will be granted.

20 years

Yes, during the formality examination period within 90 days from the filing date, the type of invention can be converted into a utility model at the request of the applicant by paying the corresponding fee.

• Licensing Fee: None.
• Annuity: The renewal fee is paid every 5 years. The renewal fee must be paid within 6 months before the last day of the month when the registration expires. The grace period for the penalty is 6 months, and the penalty must be paid at the same time.

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

yes

20 years

2-4 years

no

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 20 months from the earliest priority date.
• Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.

*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other is Tanzania). If it takes 30 months to enter the national phase, a request for international preliminary examination must be submitted.

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 will be deemed withdrawn.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.

25 years

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