Patent Application Encyclopedia

INPI only conducts formality examination of design patent applications.

no

15 years

1-2 years

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

10 years

yes. Multiple designs may be included in one French design application, provided that the designs belong to the same class in the International Classification of Designs.

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

• Authorization Fee: None
• Annuity: Pay yearly from the first year from the application date, and the first annual fee should be paid after granted, and the subsequent annual fee can be paid once every 3 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

6 months

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.

1 year

• Licensing Fee: None.
• Annuity: The application fee includes the official fee for the first 5 years. The first renewal fee must be paid within 5 years from the filing date.

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.

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.

The SPO only conducts formality examination of the design patent application, which meets the requirements of formality examination and can be authorized after paying the registration fee.

4-6 months

20 years

The USPTO conducts formality examination and substantive examination of the design application, and the substantive examination starts automatically. The applicant does not need to submit a separate request for substantive examination, and can only submit one claim. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the design, including but not limited to prior art, publications, sales records, etc. This obligation extends to the announcement of the grant of the patent or the withdrawal of the patent application. Failure to disclose significant prior art may result in the patentee being unable to enforce the underlying patent.

• No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
• Additional official fees are payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago.