no
OSIM only conducts formality examination of utility model patent applications. OSIM issues a search report within 6 months from the date of filing, and attaches relevant documents related to the prior art related to the novelty. The applicant may amend the patent application within 2 months from the receipt of the search report. The search report can be published at the time of grant or after grant at the request of the applicant/third party.
The initial protection is 10 years, and after the expiration, it can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.
- Grant fee: The applicant needs to pay within 4 months after receiving the announcement of the patent granted decision, and pay the annual fee at the time of granted at the same time.
- Annuity: The annual fee is paid year by year starting from the third year from the application date. Overdue annual fee can be paid within a grace period of 6 months, and a penalty of 0.5 euros should be paid at the same time.
OSIM conducts formality examination and substantive examination of design patent applications. The quality of the exterior design pictures must be guaranteed, and OSIM only accepts pictures or paper copies in .gif format. Applicants may apply for a deferment of publication, but not later than 30 months after the filing date. Within two months after publication, any third party may raise objections and provide evidence, and OSIM will convey the third-party public opinions to the applicant, and the applicant shall reply within two months from receiving the notification. Within three months of the objection being filed, OSIM will issue a report agreeing or denying the objection, which will be considered in the substantive examination.
2 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
The novelty grace period is 6 months before the filing date/priority date.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- via Paris Convention : 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.
The novelty grace period is 12 months before the filing date/priority date.