Patent Application Encyclopedia

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.

no

• via Paris Convention : 12 months from earliest priority date.
• PCT filing route: 30 months from the earliest priority date.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

DIP only conducts formality examination for utility models, and the documents can be authorized if they meet the formality examination standards. If litigation or evaluation of the stability of utility model Claim is required, the applicant may submit a request for substantive examination within one year after the granted announcement.

ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be authorized if the granted conditions are met.

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

• Licensing Fee: None.
• Annuity: After the patent is granted, the annual fee shall be paid year by year starting from the fourth year of the application date. The annual fee can be postponed and paid within 6 months after the expiration date at the latest, but a 50% penalty must be paid at the same time.

via Paris Convention : 6 months from earliest priority date.

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee is paid year by year starting from the fourth year from the filing date, and the amount of the annual fee depends on the number of Claim. Annuitys can also be paid. If the annual fee is overdue, it can be paid within the 6-month grace period after the due date, but an 18% penalty must be paid at the same time.

no

12-18 months

20 years

via Paris Convention : 6 months from earliest priority date.

6 months

• Grant fee: The applicant shall pay the granted announcement fee within 2 months from the date of issuance of the granted decision notice.
• Annuity: Pay year by year starting from the fifth year, the payment date of the fifth year annual fee is the public day or international public day of the fourth year, and so on. Fees can be paid within 3 months before the due date of payment. If the patentee fails to pay the annual fee on time, the non-payment notice will be published on the official announcement, and the fee can be paid within a grace period of 6 months after the expiration, but a penalty must be paid at the same time.

10 years