Patent Application Encyclopedia

yes

no

via Paris Convention : 12 months from earliest priority date.

Reinstatement of priority on grounds of "due care" accepted.

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

IPObel conducts only formality examination of invention patent applications. The applicant needs to submit a search request within 13 months from the date of the latest application. The search report will be issued by the EPO with a written opinion on patentability, but it is not binding. The patent application is completed within 18 months from the earliest priority date Authorization can be obtained after publication.

no

10 years

2 years

If the patentee, the applicant or its original right holder has a patent disclosure due to the following reasons:

• Inventions are inventions that are exhibited, used, or published at internationally recognized exhibitions. Information on inventions is disclosed at an academy, or published under representatives of an academy. Patents for use of inventions in public make information disclosure.

• If the disclosure is caused by a third party, and the disclosure by the third party has not been agreed by the applicant, the patentee or its original right holder

  The patent application can enjoy a novelty grace period of 12 months.

The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

• (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

Yes, a utility model can be converted into an invention during the formality examination period within 90 days from the filing date.

KIPO conducts formality examination and substantive examination of invention patent applications. Only after the application documents meet the conditions of formality examination, KIPO will assign the patent to the application number. Publication is completed within 18 months from the filing date/priority date. The applicant/interested party shall submit a substantive examination request no later than 5 years from the filing date. Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the grant conditions will be granted.

Indian invention patents need to undergo formality examination and substantive examination, and the applicant/anyone should submit a request for substantive examination within 48 months from the filing date.

A novelty grace period of 6 months is available if:

• Disclosures caused at officially organized or officially sanctioned international exhibitions
• Disclosure resulting from being made public for reasons related to the misuse of the inventor or its predecessor owner

no

• Authorization Fee: There is no granted registration fee.
• Annuity: The applicant needs to pay the annual fee year by year after the granted. The payment period is the granted date of the year. The annual fee can be paid within a grace period of 6 months if the annual fee is overdue, but a 100% penalty is required.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 20 months from the earliest priority date.

*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 filed.

yes

• Grant fee: The granted fee should be paid within 60 days of the issuance of the granted notice.
• Annuity: The annual fee is paid in two installments. The annual fee for the first ten-year period must be paid when the application is accepted, and the annual fee for the second ten-year period must be paid before the expiration of the first ten-year period. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 20% late fee will be charged at the same time .