- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:
- By correspondence, or publicly at national or international exhibitions
Disclosure due to malicious disclosure by a third party
The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.
For the design of partial substantive examination, multiple designs can be included in one design application, but the designs must belong to the same class in the international design classification.
If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:
- By correspondence, or publicly at national or international exhibitions
Disclosure due to malicious disclosure by a third party
The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.
Restoration of priority will not be accepted.
20 years
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
yes. It is possible to change the patent type from utility model to invention within 30 days of receiving the grant/rejection decision, and pay the corresponding fee.
- Grant fee: The applicant should pay the annual fee for the first to third year within 3 months after receiving the notification of granted decision
- Annuity: Begin to pay year by year from the 4th year, overdue payment can be made within the 6-month grace period after the due date, but a penalty shall be paid, and the amount of the penalty shall not exceed twice the granted fee.
A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.