IMPI conducts formal and substantive examinations of utility model patent applications. However, the requirements for substantive examination are relatively loose, only novelty and industrial applicability are required, but innovation is not required.
- IMPI conducts formal and substantive examinations of designs. Substantive examination begins automatically, without a request.
yes
yes
no
yes. As long as the application is not abandoned, the patent type can be converted from utility model to invention within 3 months of filing the utility model patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.
3-5 years
yes
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
Novelty grace period of 12 months for inventors, their successors and third parties who have received information about the invention from the inventor/successors, through any form of communication or at national and international exhibitions .
15 years