no
1 month
no
2-5 years
The initial protection period is 4 years, which can be extended for two consecutive three years, and the maximum protection period is 10 years.
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
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
The BPO only conducts formality examination of utility model patent applications. The formality examination takes 3 months, and the content of the examination includes whether the applied for utility model patent application belongs to the object of protection, the issue of unity, etc. If the granted conditions are met, the patent is authorized.
A 12-month novelty grace period is available if:
- The applicant authorizes others to use
- manifest misuse by a third party
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 .
no