Patent Application Encyclopedia

• Authorization Fee: None
• Annuity: pay year by year from the third year from the application date, and the payment deadline for the annual fee is the end of the month corresponding to the application date. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a late fee of 20.00 Euros should be paid at the same time.

If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.

10 years

The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

• (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

Deadlines for entering the national/regional phase under Chapters I and II of the PCT Treaty

(Monthly from priority date)
(Status as of June 7, 2022)

For detailed information on extensions of deadlines in specific designated/elected Offices, see the corresponding national chapters of the PCT Applicant's Guide.

1. If a European patent is designated/elected, the applicable term is found in the information on EP (European Patent Office) as designated/elected Office.
2. In case of designation/elected Eurasian patent, the applicable term can be found in the information on EA (Eurasian Patent Office) as designated/elected Office.
3. In the absence of information from the Offices concerned, the time limits indicated are those generally applicable under Articles 22(1) and 39(1)(a) of the PCT Treaty. If the Office decides to apply a longer period, the information will be published in the PCT Communications.
4. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: SZ.
5. This time limit can be extended if the applicant pays an additional fee for late entry into the national phase (see the national phase information below for details).
6. If ARIPO patent is designated/elected, the applicable term can be found in the information on AP (ARIPO) as Designated/Elected Office.
7. It may be extended upon written request of the applicant.
8. The time limit applicable when the applicant pays the additional fee for late national phase entry.
9. For the following countries which do not operate a designated/elected Office of their own, this Office is designated/elected: LI.
10. For the following countries that do not operate a designated/elected Office of their own, this Office is designated/elected Office: BE, CY, FR, GR, IE, IT, LT, LV, MC, MT, NL, SI, SM .
11. The Office had informed the International Bureau that the time limit under Article 22(1) of the PCT Treaty, as amended and entered into force on April 1, 2002, did not apply to it - it did not yet apply the 30-month time limit for entry into the national phase.
12. Designated/elected Office for the following countries for which no designated/elected Office operates of its own: BF, BJ, CF, CG, CI, CM, GA, GN, GQ, GW, KM, ML, MR , NE, SN, TD, TG.
13. This time limit may be extended by 30 days if the applicant pays an additional fee for late entry into the national phase.
14. This period can be extended by up to 18 months on payment of the prescribed fee by the applicant (see National Phase Information for details).
15. After the 30-month period (30 months from the priority date), the applicant may request restoration of the rights within 12 months, provided that the restoration fee is paid and the Canadian Patent Rules 154(3 ) with respect to (delay of national phase entry) other requirements for reinstatement of rights.
16. Applicable to international applications filed on or after 1 July 2020.

Source: https://www.wipo.int/pct/en/texts/time_limits.html

yes

20 years

• Grant fee: The applicant shall pay the patent announcement fee and the annual fee for the first five-year period within 3 months after receiving the patent granted decision.
• Annuity: pay year by year from the first year of the application date. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months after the expiration of the deadline, and a 50% penalty must be paid at the same time.

OPI does not conduct substantive examination for utility models (short-term patents). If no search is carried out or search reports from other countries are provided, it will only be protected as a short-term patent.

10 years

10 years

Grant fee: The applicant should pay the granted fee, registration fee and first renewal fee within 2 months after receiving the granted decision.

Annuity: From the third year onwards from the date of application, it shall be paid year by year. The renewal fee should be paid within the last year of the current 5-year validity period, and the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and a 50% penalty must be paid at the same time.

yes

The novelty of the invention shall not be affected if the invention is disclosed directly or indirectly due to the following reasons within 6 months before the filing of the application:

• Practical testing and construction of machinery and instruments that the applicant needs to carry out in preparation for the invention
• The applicant or inventor exhibits at an officially held or recognized exhibition
• Malicious disclosure by third parties

The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.

The application does not lose novelty if it is disclosed within 12 months from the filing date/priority date by the applicant, inventor, agent, or a third party or state agency that has obtained information from the above-mentioned persons.