The PPO only conducts formality examination of utility model patent applications, only examines novelty and industrial applicability, and does not examine inventive step.
25 years
- Grant fee: The applicant should pay the granted fee, announcement fee and the first annual fee (that is, the annual fee for the first to third years) within 3 months after receiving the notification of the granted decision.
- Annuity: Pay year by year in the first year from the date of application. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the year's annual fee will be paid as a late fee.
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.
yes
yes
If disclosed by the author or his successor, the novelty grace period shall be enjoyed within 12 months after the first disclosure.
A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.
- Grant fee: The applicant should pay the granted official fee, announcement fee and the first annual fee (that is, the annual fee for the first to third years) within 3 months after receiving the notification of the granted decision.
- Annuity: The applicant needs to pay the annual fee for the next stage in the sixth year and the eighth year respectively. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the annual fee of the current year will be paid as a penalty.
yes. An invention applicant may propose to change the type of invention from an invention to a utility model during the process of examining the application or within two months from the date of the final decision on the refusal to grant a patent. The utility model application shall be deemed to have been filed from the date of the invention application. A utility model application converted from an invention must fully meet the requirements for utility model documents.
Reinstatement of priority is accepted on grounds of "due care."