Patent Application Encyclopedia

2-5 years

ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.

• Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
• Annuity: Begin to pay year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.

The initial protection is 5 years, which can be renewed every 5 years, up to a maximum of 25 years.

no

yes. After the applicant pays the corresponding fee, he can apply to change the patent type from invention to utility model.

• Authorization Fee: There is no granted fee.
• Annuity: Renewal fee is paid every 5 years. Overdue annual fee can be postponed at the latest within a grace period of 6 months after the due date, and a 20% penalty must be paid at the same time.

no

yes. The applicant may request to change the patent type from utility model to invention before the utility model patent application is granted.

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

no

no. (Utility models submitted before January 11, 2020 can be converted into inventions, provided that the technical preparations for publication are completed (approximately 16 months from the filing date). Search fees and search reports must be submitted at the same time.)

no

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

4 months

20 years

• Grant fee: The applicant shall pay the granted announcement fee within 2 months from the date of issuance of the granted decision notice.
• Annuity: starting from the date of patent announcement for 4 years, the payment date of the annual fee for the fifth year is the publication date of the fourth year or the international publication date, and so on. Fees can be paid within 3 months before the due date of payment. If the patentee fails to pay the annual fee on time, the non-payment notice will be published on the official announcement, and the fee can be paid within a grace period of 6 months after the expiration, but a 50% penalty must be paid at the same time.

yes

12-18 months