Patent Application Encyclopedia

A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.

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

Reinstatement of priority accepted on grounds of "Unintentional".

no

If the inventor or his client, the national office, or the information obtained directly or indirectly from the inventor leads to third-party disclosure, a novelty grace period of 12 months before the filing date/priority date can be enjoyed.

yes. The type of patent can be changed from invention to utility model within 30 days of receiving the grant/rejection decision, and the corresponding fee should be paid.

A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.

12-18 months

no

yes

• Grant fee: The applicant shall pay the patent announcement fee and the annual fee for the first five-year period within 3 months after receiving the patent granted decision.
• Annuity: pay year by year from the first year of the application date. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months after the expiration of the deadline, and a 50% penalty must be paid at the same time.

2-3 years

10 years

no

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

3-4 years