Patent Application Encyclopedia

• Grant fee: The applicant shall pay the granted fee within 60 days after receiving the granted notice.
• Annuity: The annual fee is paid in two installments, once every five years. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a 20% late fee is required.

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.

Reinstatement of priority on grounds of “due care” accepted as RO.

20 years, and the protection of pesticide or pharmaceutical patents can be extended to 25 years.

2-3 years

Philippine Intellectual Property Office

English: Intellectual Property Office of the Philippines, Abbreviation: IPOPHIL

Website: IPOPHL | Rising. Shining. Beckoning. (ipophil.gov.ph)

Philippine Invention Patent Search: WIPO Publish (ipophil.gov.ph)

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

ICPR conducts formality examination and substantive examination of invention patents. Once the application for an invention patent is submitted, if the application documents are complete, ICPR will issue a notice of formal and legal review to formally accept the application. After passing the formality examination, ICPR will issue a payment notice for substantive examination within 90 days. According to the agreement between ICPR and the Korean Patent Office, the Korean Patent Office will conduct substantive examination of the application submitted through the UAE Patent Office.

1-2 years

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

Belgian Federal Government Intellectual Property Office

English: The Belgian Intellectual Property Office, Abbreviation: IPObel

Website: Intellectual property | FPS Economy (fgov.be)

Belgian invention patent search: Search in the Crossroads Bank for Enterprises (CBE) | CBE Public Search (fgov.be)

yes

no

Reinstatement of Priority Accepted on Unintentional Grounds.

Designs with a filing date after March 10, 2022, where the first disclosure occurs after that date due to:

• Inadvertently making a design public
• Didn't know the design needed to apply for protection before it was disclosed

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

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.

no