Patent Application Encyclopedia

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

yes

no

20 years

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

20 years

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

• via Nationalization of PCT : 31 months from earliest priority date.
• via Paris Convention : 12 months from earliest priority date.

The novelty of an invention will not be affected if it is disclosed within 12 months before its patent application date or priority date:

• disclosed by the inventor;
• Disclosed by the Patent Application Accepting Authority,
• and that information is included in:
  • In other applications of the inventor, and disclose the application when the relevant authority should not disclose the application;
  • In applications submitted by third parties who have obtained information directly or indirectly from the inventor without the inventor's permission;
• Disclosure of the invention by a third party who has obtained information, directly or indirectly, from the inventor.

• Grant fee: The applicant should pay the granted fee, announcement fee and the first annual fee (that is, the annual fee for the first to third years) within 3 months after receiving the notification of the granted decision.
• Annuity: Pay year by year in the first year from the date of application. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the year's annual fee will be paid as a late fee.

yes

• Licensing Fee: None.
• Annuity: From the 5th year onwards from the date of application, it will be paid year by year. The application fee includes annual fees for the first and second years. There is no annual fee for the third and fourth years, but the applicant needs to notify INPI for renewal in the third and fourth years. All subsequent annual fees must be paid within six months before the date corresponding to the year of application. Overdue annual fees can be paid within a 6-month grace period, and 50% of the annual fee of the current year is required to be paid as a penalty.

20 years. Pharmaceutical invention patents have supplementary protection certificates (Supplementary protection certificates, SPC), which can extend the protection period for 5 years.

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

no

6 years

ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be authorized if the granted conditions are met.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.