Patent Application Encyclopedia

no

10 years

no

KIPO conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.

The USPTO conducts formality examination and substantive examination of the design application, and the substantive examination starts automatically. The applicant does not need to submit a separate request for substantive examination, and can only submit one claim. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the design, 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.
• Additional official fees are 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.

IPONZ conducts formality examination and substantive examination of invention patent applications. The applicant/anyone can submit a request for substantive examination no later than 5 years from the date of application. If there is a request for review, the substantive review cannot be carried out until the 5-year period expires.

Peruvian National Institute for the Defense of Competition and Intellectual Property

English: National Institute for the Defense of Competition and Protection of Intellectual Property, abbreviation: INDECOPI

Website: www.indecopi.gob.pe

Peruvian Utility Model Patent Search: Espacenet - Página inicial

yes

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

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

The application does not lose novelty if it is disclosed within 12 months from the filing date/priority date by the applicant, inventor, agent, or a third party or state agency that has obtained information from the above-mentioned persons.

20 years

IPONZ conducts formal and substantive examinations of designs. IPONZ automatically starts the substantive examination within 15 days of receiving the design application, no need for the applicant to submit a specific request separately, the applicant has 12 months (can be extended up to 3 months) to overcome the defect to meet the grant conditions, IPONZ only examines Novelty of exterior design. Designs can only be transferred to others after they have been granted a patent.

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

• Grant fee: The applicant should pay the granted registration fee within 2 months after receiving the notification of the granted decision, and pay the annual fee for the first to fifth years at the same time.
• Annuity: Subsequent payment of annual fee every 5 years, overdue payment can be made within the grace period after 6 months, but a penalty must be paid at the same time.

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

no

The invention does not lose its novelty if the inventor, or a third party who directly or indirectly obtains relevant information from the inventor, discloses the invention information within 12 months before the filing date/priority date.