Patent Application Encyclopedia

yes

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

1-2 years

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

not applicable.

4-5 years

If the applicant, inventor or assignor discloses the relevant invention information at an officially recognized exhibition within 6 months before the filing date, it can enjoy a 6-month novelty grace period.

If the patentee, the applicant or its original right holder has a patent disclosure due to the following reasons:

• Inventions are inventions that are exhibited, used, or published at internationally recognized exhibitions. Information on inventions is disclosed at an academy, or published under representatives of an academy. Patents for use of inventions in public make information disclosure.

• If the disclosure is caused by a third party, and the disclosure by the third party has not been agreed by the applicant, the patentee or its original right holder

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

no

no

no

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

6 months

yes

• Grant fee: The applicant needs to pay the granted fee within 2 months from the date of issuance of the granted notice. If it is overdue, it can resume after paying the recovery fee within a grace period of 4 months.
• annual fee:
  • via Paris Convention : the annual fee shall be paid year by year from the third year from the filing date, and the applicant shall pay all the annual fees calculated from the third year from the filing date after granted, and shall pay on the last day of the month in which the filing date is located.
  • PCT entry into the Swedish national phase: payable annually from the international filing date. The due date of the annual fee for the first three years is the last day of the month of the second anniversary of the international filing date, and it shall be paid at the same time when entering the national phase; if the time of entering the national phase is before the above deadline, it shall be paid within 2 months after entering the national phase pay. Subsequent annual fees shall be paid by the last day of the month in which the international filing date falls each year. The annual fee can be paid within a grace period of 6 months after the due date at the latest, subject to an additional 20% late fee.

IP Australia conducts formal and substantive examinations of patent applications for inventions. Patent applicants are required to submit a substantive examination request within 5 years from the filing date, or within 2 months after the official notification of submitting a request for examination (whichever expires earlier). If there are any problems in the examination, the patent applicant has 12 months to solve them. If the defects cannot be overcome, the patent application will be invalid. If no opposition occurs within the 3-month opposition period, the patent application will be granted.

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

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.