Yes, during the formality examination period within 90 days from the filing date, the type of invention can be converted into a utility model at the request of the applicant by paying the corresponding fee.
Yes, a utility model can be converted into an invention during the formality examination period within 90 days from the filing date.
A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.
no
Restoration of priority will not be accepted.
IMPI conducts formal and substantive examinations of utility model patent applications. There are three ways to submit an application to INPI: online application, mailing and submitting a written application to INPI in person. No matter which way the application is filed, the application date of the patent is the time when the patent applicant sends the complete patent application text to INPI. IMPI accepts only one independent claim in a utility model application. Applicants are required to pay the substantive examination fee within 3 months from the date of application. The time limit for responding to the Office Action Notice is 3 months from the date of issue, and can be extended 3 times (one month each time). The requirements for utility models are relatively loose, and they need to be novel and practical, but not inventive.
10 years
- Licensing Fee: None.
- Annuity: The annual fee is paid year by year in the first year from the application date. The annual fee before the granted should be paid after the granted, and the subsequent annual fee can be paid every three years.
4-5 years
yes
- Licensing Fee: None.
- Annuity: The annual fee renewal fee must be paid within 6 months before the application date. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a late fee will be charged.