Patent Application Encyclopedia

Deadlines for entering the national/regional phase under Chapters I and II of the PCT Treaty

(Monthly from priority date)
(Status as of June 7, 2022)

For detailed information on extensions of deadlines in specific designated/elected Offices, see the corresponding national chapters of the PCT Applicant's Guide.

1. If a European patent is designated/elected, the applicable term is found in the information on EP (European Patent Office) as designated/elected Office.
2. In case of designation/elected Eurasian patent, the applicable term can be found in the information on EA (Eurasian Patent Office) as designated/elected Office.
3. In the absence of information from the Offices concerned, the time limits indicated are those generally applicable under Articles 22(1) and 39(1)(a) of the PCT Treaty. If the Office decides to apply a longer period, the information will be published in the PCT Communications.
4. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: SZ.
5. This time limit can be extended if the applicant pays an additional fee for late entry into the national phase (see the national phase information below for details).
6. If ARIPO patent is designated/elected, the applicable term can be found in the information on AP (ARIPO) as Designated/Elected Office.
7. It may be extended upon written request of the applicant.
8. The time limit applicable when the applicant pays the additional fee for late national phase entry.
9. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: LI.
10. For the following countries that do not operate a designated/elected Office of their own, this Office is designated/elected Office: BE, CY, FR, GR, IE, IT, LT, LV, MC, MT, NL, SI, SM .
11. The Office had informed the International Bureau that the time limit under Article 22(1) of the PCT Treaty, as amended and entered into force on April 1, 2002, did not apply to it - it did not yet apply the 30-month time limit for entry into the national phase.
12. Designated/elected Office for the following countries for which no designated/elected Office operates of its own: BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW, KM, ML, MR , NE, SN, TD, TG.
13. This time limit may be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
14. This period can be extended by up to 18 months on payment of the prescribed fee by the applicant (see National Phase Information for details).
15. After the 30-month period (30 months from the priority date), the applicant may request restoration of the rights within 12 months, provided that the restoration fee is paid and the Canadian Patent Rules 154(3 ) with respect to (delay of national phase entry) other requirements for reinstatement of rights.
16. Applicable to international applications filed on or after 1 July 2020.

Source: https://www.wipo.int/pct/en/texts/time_limits.html

• Grant fee: Pay the granted official fee within 3 months after receiving the granted notice (no extension possible).
• Annuity: The annual fee is calculated from the first year, and the annual fee should be paid within 3 months after receiving the granted notice. The payment deadline for subsequent annual fees is the day before the announcement date of each year. If the annual fee is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.

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

via Paris Convention : 6 months from earliest priority date

no

The IPO conducts formal and substantive examinations of design patent applications. The substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request.

1-2 years

Italian Patent and Trademark Office

English: Italian Patent and Trade Mark Office, abbreviation: UIBM

Website: www.uibm.gov.it

no

IPVN conducts formality examination and substantive examination of invention patents. IPVN completes the formality examination within 1 month from the filing date. For the invention patent application through the via Paris Convention , the patent disclosure will be completed 19 months from the filing date/priority date. If the PCT enters the Vietnamese country, the invention patent will be filed in the country. Patent publication within 2 months after the application enters the Vietnamese national phase. A patent applicant/anyone needs to file a substantive request no later than 42 months from the filing date. The application is published within 2 months after the notification of approval and enters the opposition period. The opposition period starts from the publication date and ends on the granted date. Anyone can raise an opposition to the published patent within the opposition period.

5-7 years

no

10 years

yes

Reinstatement of priority is accepted on the grounds of "all due care".

The JPO conducts formality examination only for utility model patent applications.

Yes, a maximum of 50 combined designs can be included in one design.

The novelty grace period is 12 months before the filing date/priority date.

no