Reinstatement of priority is accepted on grounds of "due care".
4-12 months
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.
ROSPATENT conducts formality examination and substantive examination of utility models, and only one independent claim is allowed to be submitted, and utility model patent applications must have novelty and industrial applicability.
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 annual fee within 4 months after receiving the granted decision.
- Annuity: pay year by year starting from the first year from the application date, 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.
The novelty grace period is 6 months before the filing date/priority date.
13 years
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 will be deemed withdrawn.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.
- Grant fee: The applicant should pay the granted fee, registration fee and first annual fee within 4 months after receiving the granted decision.
- Annuity: pay year by year from the 3rd year from the application date, the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and the penalty is 50% of the annual fee of the year.
Reinstatement of priority on grounds of "due care" accepted.