The DIP conducts formality examination and substantive examination of the invention patent application. The formality examination generally takes 1-1.5 years. After the completion of the preliminary examination, the patent application will be published and enter a 90-day opposition period. The applicant can only submit a substantive examination request within 5 years after the application is published, and the examination results of other countries such as Japan, the United States, the United Kingdom and Europe need to be provided to the DIP.
Reinstatement of priority on grounds of "due care" accepted.
If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.
not applicable. Designs disclosed to the public prior to filing are not eligible for application.
- Authorization Fee: None
- Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the overdue period. The annual fee can be paid for multiple years at one time.
via Paris Convention : 6 months from earliest priority date.
Reinstatement of priority on grounds of "due care" accepted.
10 years
20 years
8 months
yes. Patent applicants can change the patent type from invention to petty patent (utility model) before the patent application is granted. The converted patent application has the filing date of the original patent application.