The BPO conducts formality examination of design patent applications.
A 12-month novelty grace period is available if:
- The designer, his legal successor, or a third party arising from the information or activities of the designer or his legal successor
- Third party that harms the interests of the designer
It is protected for 10 years from the date of application, and can be renewed for 3 times, each time for 5 years, with a maximum protection of 25 years.
4-6 months
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
- Validation of European Patent in EPO member states: 3 months from the date of European patent grant
no
A 12-month novelty grace period is available if:
- The applicant authorizes others to use
- manifest misuse by a third party
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
A novelty grace period of 6 months is available if:
- The applicant or the original right holder obviously abused the
- Exhibited by the applicant or the original right holder at an official or officially recognized exhibition
The BPO conducts formality examination of design patent applications.
yes. For an invention with the same subject matter, the applicant may file a patent type conversion request within 2 months from the date of receiving the patent application decision, but no later than 10 years from the application date, and change the patent type from invention to utility model .