no
6 months
via Paris Convention : 6 months from earliest priority date.
10 years
not applicable. Designs disclosed to the public prior to filing are not eligible for application.
yes. Patent applicants can change the patent type from invention to petty patent (utility model) before the patent application is granted. The converted patent application has the filing date of the original patent application.
DIP conducts substantive examination of design patent applications, and only examines whether the conditions of novelty and industrial applicability are met.
DIP only conducts formality examination for utility models, and the documents can be authorized if they meet the formality examination standards. If litigation or evaluation of the stability of utility model Claim is required, the applicant may submit a request for substantive examination within one year after the granted announcement.
The DIP conducts formality examination and substantive examination of the invention patent application. The formality examination generally takes 1-1.5 years. After the completion of the preliminary examination, the patent application will be published and enter a 90-day opposition period. The applicant can only submit a substantive examination request within 5 years after the application is published, and the examination results of other countries such as Japan, the United States, the United Kingdom and Europe need to be provided to the DIP.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
5-8 years