Reinstatement of priority is accepted on grounds of "due care."
10 years
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: 3 months from the date of European patent grant.
A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.
The PPO only conducts formality examination of utility model patent applications, only examines novelty and industrial applicability, and does not examine inventive step.
1-6 months
yes. An invention applicant may propose to change the type of invention from an invention to a utility model during the process of examining the application or within two months from the date of the final decision on the refusal to grant a patent. The utility model application shall be deemed to have been filed from the date of the invention application. A utility model application converted from an invention must fully meet the requirements for utility model documents.
yes
25 years