ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.
The novelty grace period is 12 months before the filing date/priority date.
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
1-3 years
ROSPATENT conducts formality examination and substantive examination of the design patent application. The applicant should submit the examination request and pay the corresponding fees together with the new application, and try not to submit color renderings.
yes. The applicant may request that the patent application be changed from an invention to a utility model before the publication of the patent application but no later than the grant decision.
yes. The applicant can request to change the patent type from utility model to invention before the patent is granted.
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
The initial protection is 5 years, which can be renewed every 5 years, up to a maximum of 25 years.
Grant fee: The applicant should pay the granted fee, registration fee and first renewal fee within 2 months after receiving the granted decision.
Annuity: From the third year onwards from the date of application, it shall be paid year by year. The renewal fee should be paid within the last year of the current 5-year validity period, and the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and a 50% penalty must be paid at the same time.