1-3 years
ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.
13 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
ROSPATENT conducts formality examination and substantive examination of utility models, and only one independent claim is allowed to be submitted, and utility model patent applications must have novelty and industrial applicability.
no
yes. The applicant may request that the patent application be changed from an invention to a utility model before the publication of the patent application but no later than the grant decision.
4-12 months
12-18 months
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- Grant fee: The applicant should pay the granted fee, registration fee and first annual fee within 4 months after receiving the granted decision.
- Annuity: pay year by year from the 3rd year from the application date, the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and the penalty is 50% of the annual fee of the year.