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.
- Grant fee: It will be paid together with the granted announcement fee one month after receiving the granted notice, and the payment will be doubled if it is overdue.
- Annuity: The renewal fee payment period is the corresponding date of the application date in the year, and can be paid within the last year of the current validity period. Payment can still be made within 6 months from the overdue date, subject to a penalty.
no
no
20 years
1 month
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 .
A 12-month novelty grace period is available if:
- The applicant authorizes others to use
- manifest misuse by a third party
The BPO conducts formality examination of design patent applications.
no
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.