Patent Application Encyclopedia

The JPO conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 3 years from the filing date. The JPO makes an granted decision if it determines after review that no grounds for refusal have been found.

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

• Publication at official or officially recognized international exhibitions
• Malicious disclosure by a third party

• Grant fee: The applicant needs to pay within 4 months after receiving the announcement of the patent granted decision, and pay the annual fee at the time of granted at the same time.
• Annuity: The annual fee is paid year by year starting from the third year from the application date. Overdue annual fee can be paid within a grace period of 6 months, and a penalty of 0.5 euros should be paid at the same time.

OPI conducts only formality examination of invention patent applications. The applicant needs to file a search request within 18 months from the filing date, or submit a search report issued by any official search agency within 18 months from the priority date, and the judgment of novelty in the search report does not affect the Luxembourg patent granted.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.
• Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

not applicable.

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

OSIM only conducts formality examination of utility model patent applications. OSIM issues a search report within 6 months from the date of filing, and attaches relevant documents related to the prior art related to the novelty. The applicant may amend the patent application within 2 months from the receipt of the search report. The search report can be published at the time of grant or after grant at the request of the applicant/third party.

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

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

yes. A patent applicant can convert the patent type from a petty patent (utility model) to an invention before the patent application is granted. The converted patent application has the filing date of the original patent application.

• Authorization Fee: None
• Annuity: The applicant should pay the annual fee from the first year to the year of granted in one lump sum within 6 months from the date of granted (calculated from the date of application). Then the annual fee is paid year by year, and the deadline is one month before the application date of each year. If the annual fee is overdue, it can be paid within a grace period of 12 months, and a penalty should be paid at the same time.

yes

20 years

1.5-2 years

4 months

yes. An invention patent application may submit a conversion request within 6 months from the date of issuance of the examination report and pay the corresponding fee. The converted application has the same filing date as the original application.

• 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.

Indian Patent Office

English: Indian Patent Office, abbreviation: IPO

Website: www.ipindia.gov.in

Indian Invention Patent Search: Intellectual Property India (ipindiaservices.gov.in)