Patent Application Encyclopedia

ICPR conducts formality examination and substantive examination of utility model patent applications. A utility model must be novel, inventive and practical.

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

The initial protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

yes

4-7 months or so

via Paris Convention : 6 months from earliest priority date

no

via Paris Convention : 6 months from earliest priority date.

• Grant fee: The applicant needs to pay the granted fee within 2 months from the date of issuance of the granted notice. If it is overdue, it can resume after paying the recovery fee within a grace period of 4 months.
• annual fee:
  • via Paris Convention : the annual fee shall be paid year by year from the third year from the filing date, and the applicant shall pay all the annual fees calculated from the third year from the filing date after granted, and shall pay on the last day of the month in which the filing date is located.
  • PCT entry into the Swedish national phase: payable annually from the international filing date. The due date of the annual fee for the first three years is the last day of the month of the second anniversary of the international filing date, and it shall be paid at the same time when entering the national phase; if the time of entering the national phase is before the above deadline, it shall be paid within 2 months after entering the national phase pay. Subsequent annual fees shall be paid by the last day of the month in which the international filing date falls each year. The annual fee can be paid within a grace period of 6 months after the due date at the latest, subject to an additional 20% late fee.

1.5-2 years

The novelty of an invention will not be affected if it is disclosed within 12 months before its patent application date or priority date:

• disclosed by the inventor;
• Disclosed by the Patent Application Accepting Authority,
• and that information is included in:
  • In other applications of the inventor, and disclose the application when the relevant authority should not disclose the application;
  • In applications submitted by third parties who have obtained information directly or indirectly from the inventor without the inventor's permission;
• Disclosure of the invention by a third party who has obtained information, directly or indirectly, from the inventor.

yes. Patent applicants can change the patent type from invention to petty patent (utility model) before the patent application is granted. The converted patent application has the filing date of the original patent application.

The PPO conducts formal and substantive examinations of invention patent applications. There is no need to file a request for substantive examination, and the substantive examination starts automatically.

no

The novelty grace period is 12 months before the filing date/priority date.

• Authorization Fee: There is no granted fee.
• Annuity: pay year by year from the 4th year of the application date, the applicant should pay within 3 months before the annual annual fee is due, if the annual fee is overdue, it can be paid within a grace period of 6 months, and the penalty should be paid at the same time.

If the invention is disclosed by a third party maliciously, or by the behavior of the applicant or its original right holder, and by the application for a UK patent, the novelty grace period can be enjoyed 12 months before the filing date/priority date