The BPO conducts formality examination of design patent applications.
The BPO only conducts formality examination of utility model patent applications. The formality examination takes 3 months, and the content of the examination includes whether the applied for utility model patent application belongs to the object of protection, the issue of unity, etc. If the granted conditions are met, the patent is authorized.
1 month
It is protected for 10 years from the date of application, and can be renewed for 3 times, each time for 5 years, with a maximum protection of 25 years.
4-6 months
A 12-month novelty grace period is available if:
- The designer, his legal successor, or a third party arising from the information or activities of the designer or his legal successor
- Third party that harms the interests of the designer
The initial protection period is 4 years, which can be extended for two consecutive three years, and the maximum protection period is 10 years.
no
yes. For an invention with the same subject matter, the applicant may file a patent type conversion request within 2 months from the date of receiving the patent application decision, but no later than 10 years from the application date, and change the patent type from invention to utility model .
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
- Validation of European Patent in EPO member states: 3 months from the date of European patent grant
A 12-month novelty grace period is available if:
- The applicant authorizes others to use
- manifest misuse by a third party