no
Yes, during the formality examination period within 90 days from the filing date, the type of invention can be converted into a utility model at the request of the applicant by paying the corresponding fee.
Restoration of priority will not be accepted.
IMPI conducts formal and substantive examinations of utility model patent applications. There are three ways to submit an application to INPI: online application, mailing and submitting a written application to INPI in person. No matter which way the application is filed, the application date of the patent is the time when the patent applicant sends the complete patent application text to INPI. IMPI accepts only one independent claim in a utility model application. Applicants are required to pay the substantive examination fee within 3 months from the date of application. The time limit for responding to the Office Action Notice is 3 months from the date of issue, and can be extended 3 times (one month each time). The requirements for utility models are relatively loose, and they need to be novel and practical, but not inventive.
4-5 years
IMPI conducts only formality examination of designs.
Yes, a utility model can be converted into an invention during the formality examination period within 90 days from the filing date.
Filing Language: Spanish
via Paris Convention Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Certificate of Deposit of Microorganisms and its Spanish translation
- Certificate of Microbiological Survival and its Spanish translation
- Scanned Copy of Certified Priority Document / DAS
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
via Paris Convention : 12 months from earliest priority date.
via Paris Convention : 6 months from earliest priority date.
yes