Patent Application Encyclopedia

via Paris Convention : 6 months from earliest priority date.

The novelty of the invention shall not be affected if the invention is disclosed directly or indirectly due to the following reasons within 6 months before the filing of the application:

• Practical testing and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention
• The applicant or inventor exhibits at an officially held or recognized exhibition
• Malicious disclosure by third parties

yes

2-3 years

via Paris Convention : 6 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 shall pay the granted registration fee within 3 months after receiving the notification of granted decision.
• Annuity: Three annual fees shall be paid in the 3.5th year, 7.5 years and 11.5 years from the date of granted, and the payment may be postponed within 6 months after the overdue period, but 25% of the annual fee of the current year shall be paid at the same time as a penalty.

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

15 years

10-12 months

no

If the design is maliciously disclosed by a third party, disclosed by the designer or his successor, or the source of information disclosed by a third party is the designer or his successor, the novelty of 12 months before the filing date or priority date may be enjoyed. sexual grace

25 years

• Grant fee: The applicant should pay the granted fee within 2 months after receiving the notification of granted decision, and pay the annual fee for the first to fifth years at the same time.
• Annuity: Subsequent payment of annual fee every 5 years, overdue payment can be made within the grace period after 6 months, but a penalty must be paid at the same time.

Deadlines for entering the national/regional phase under Chapters I and II of the PCT Treaty

(Monthly from priority date)
(Status as of June 7, 2022)

For detailed information on extensions of deadlines in specific designated/elected Offices, see the corresponding national chapters of the PCT Applicant's Guide.

1. If a European patent is designated/elected, the applicable term is found in the information on EP (European Patent Office) as designated/elected Office.
2. In case of designation/elected Eurasian patent, the applicable term can be found in the information on EA (Eurasian Patent Office) as designated/elected Office.
3. In the absence of information from the Offices concerned, the time limits indicated are those generally applicable under Articles 22(1) and 39(1)(a) of the PCT Treaty. If the Office decides to apply a longer period, the information will be published in the PCT Communications.
4. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: SZ.
5. This time limit can be extended if the applicant pays an additional fee for late entry into the national phase (see the national phase information below for details).
6. If ARIPO patent is designated/elected, the applicable term can be found in the information on AP (ARIPO) as Designated/Elected Office.
7. It may be extended upon written request of the applicant.
8. The time limit applicable when the applicant pays the additional fee for late national phase entry.
9. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: LI.
10. For the following countries that do not operate a designated/elected Office of their own, this Office is designated/elected Office: BE, CY, FR, GR, IE, IT, LT, LV, MC, MT, NL, SI, SM .
11. The Office had informed the International Bureau that the time limit under Article 22(1) of the PCT Treaty, as amended and entered into force on April 1, 2002, did not apply to it - it did not yet apply the 30-month time limit for entry into the national phase.
12. Designated/elected Office for the following countries for which no designated/elected Office operates of its own: BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW, KM, ML, MR , NE, SN, TD, TG.
13. This time limit may be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
14. This period can be extended by up to 18 months on payment of the prescribed fee by the applicant (see National Phase Information for details).
15. After the 30-month period (30 months from the priority date), the applicant may request restoration of the rights within 12 months, provided that the restoration fee is paid and the Canadian Patent Rules 154(3 ) with respect to (delay of national phase entry) other requirements for reinstatement of rights.
16. Applicable to international applications filed on or after 1 July 2020.

Source: https://www.wipo.int/pct/en/texts/time_limits.html

IPOM conducts formality examination and substantive examination for design patent applications. After the applicant successfully submits the application and pays the application fee to determine the application date, IPOM will conduct substantive examination to confirm that the design meets the requirements of novelty, originality and aesthetic feeling. Applicants are not required to submit a specific request for substantive examination.

4-6 months

• Licensing Fee: None.
• Annuity: The renewal fee is paid every 5 years. If the annual fee is overdue, the payment can be postponed within 6 months after the due date at the latest, but an additional penalty of 12.00 euros is required.