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.
25 years
yes
yes
A 12-month novelty grace period applies if the inventor or his successor has communicated in any form, put the design into practice or made it public at national and international exhibitions.
yes. As long as the application is not abandoned, the patent type can be converted from invention to utility model within 3 months of filing the invention patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
3-5 years
- Grant fee: The applicant should pay the granted fee within 2 months after receiving the notification of granted decision, and pay the annual fee for the first to fifth years at the same time.
- Annuity: Subsequent payment of annual fee every 5 years, overdue payment can be made within the grace period after 6 months, but a penalty must be paid at the same time.
15 years
1-2 years