The BPO conducts formal and substantive examinations of invention patent applications. The BPO will complete the formality examination within 1 month from the filing date, and then the BPO will verify the Certified Priority Document and its related fees, and will conduct a preliminary substantive examination and unity examination of the patent application within 3 months after the end of the preliminary examination. A patent application that has paid the search fee and publication fee is published within 18 months from the filing date/priority date, and the opposition period is 3 months from the publication date. Search reports, written opinions on patentability and third-party opinions will be conveyed to the applicant no later than 6 months after the expiration of the 3-month opposition period. Can be authorized.
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
1 month
no
4-6 months
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 .
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
- Grant fee: It must be paid together with the granted announcement fee within one month from the receipt of the granted notice.
- Annuity: pay year by year from the first year of the application date, and should be paid before the last day of the month of the application date at the latest, not exceeding one patent year, and the annual fee can be paid within a grace period of 6 months if it is overdue, and paid at the same time 200% late fee.
The BPO conducts formality examination of design patent applications.
- Grant fee: The applicant shall pay the granted fee within 3 months after receiving the granted notice.
- Annuity: pay year by year from the first year of the application date, and should be paid before the last day of the month of the application date at the latest, not exceeding one patent year, and the annual fee can be paid within a grace period of 6 months if it is overdue, and paid at the same time 200% late fee.