Patent Application Encyclopedia

• Grant fee: The applicant needs to pay the granted fee when receiving the granted notice.
• Annuity: The applicant needs to pay the annual fee for the second year within 2 months from the date of issuance of the granted notice. The payment can be postponed within 6 months after the overdue period, but a penalty of 30% of the annual fee of the current year must be paid at the same time. You can pay the annual fee for more than two years at one time.

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

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.

yes

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

3-8 years

yes

yes

yes. After the applicant pays the corresponding fee, he can apply to change the patent type from invention to utility model.

• Grant fee: The applicant should pay the announcement fee and the first annual fee (that is, the annual fee for the first to fifth years) within 3 months after receiving the notification of the granted decision.
• Annuity: Pay the annual fee for the next 5 years every 5 years. If the annual fee is overdue, you can pay it within a grace period of 3 months, and pay 30% of the annual fee for the current year as a late fee.

no

• 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.

4 months

• Authorization Fee: None
• Annuity: The renewal fee is paid every 5 years. If the renewal fee is not paid within the time limit, it can be paid within the 6-month grace period and the penalty should be paid at the same time.

yes

no

The RVO conducts only formality examination of design patent applications.

Formal examination and substantive examination are required. Substantive examination begins automatically, without the need to submit a specific request.

INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.