Patent Application Encyclopedia

25 years

via Paris Convention : 6 months from earliest priority date.

no

20 years

ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.

If within 12 months before the filing of the design patent application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.

ROSPATENT conducts formality examination and substantive examination of utility models, and only one independent claim is allowed to be submitted, and utility model patent applications must have novelty and industrial applicability.

The novelty grace period is 6 months before the filing date/priority date.

via Paris Convention : 12 months from earliest priority date.

For innovation patents that have ceased application on August 25, 2021, the innovation patents that have been applied for can still enjoy the corresponding 8-year protection period.

The grace period for novelty of an Indian design application is 6 months from the date of disclosure, provided the exhibitor has given prior notification to the Patent Office in the prescribed form. According to the provisions of the Indian Patent Act, the manner of disclosure shall be:
- Presentation of designs at industrial or other fairs
- Publication of the design during or after the exhibition
- Display or publication of designs or design descriptions by third parties during or after the fair without the consent of the design owner

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.

The novelty grace period is 6 months before the filing date/priority date.

DPDT only conducts formality examination of design patent applications, not substantive examination.

1-2 years

yes

yes

IMPI conducts only formality examination of designs.

• Grant fee: The patent applicant should pay the granted fee within 3 months from the date of receiving the patent granted decision
• Annuity: The annual fee for the first year is paid at the same time as the granted fee. Subsequent annual fees should be paid within 6 months before the due date. Overdue annual fees can be paid within a 6-month grace period, and a 10% late fee will be paid at the same time