Patent Application Encyclopedia

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.

• via Paris Convention : 12 months from earliest priority date.
• Ways to take effect in the EU: 3 months from the date of grant of the European patent.
• via Nationalization of PCT : 30 months from the earliest priority date.

If the inventor or his client, the national office, or the information obtained directly or indirectly from the inventor leads to third-party disclosure, a novelty grace period of 12 months before the filing date/priority date can be enjoyed.

Formal examination and substantive examination are required.

DGIP conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 36 months from the filing date/priority date.

• 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

UKPTO

English: Intellectual Property Office, abbreviation: UKIPO

Website: Intellectual Property Office - GOV.UK (www.gov.uk)

UK invention patent search: Intellectual Property Office - Patent document and information service (Ipsum) (ipo.gov.uk)

INPI only conducts formality examination of design patent applications.

no

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

Reinstatement of priority on grounds of "due care" accepted.

1-2 years

yes

10 years

Luxembourg Intellectual Property Office

English: Luxembourg Intellectual Property Office, Abbreviation: OPI

Website: Ministry of the Economy // The Luxembourg Government (gouvernement.lu)

Luxembourg Invention Patent Search: BPP eRegister (public.ws_lu)

Accept the restoration of priority, and consult OSIM for specific standards.

• Licensing Fee: None.
• Annuity: Renewal fee is paid every 5 years (within 12 months before the validity period expires). The annual fee can be deferred up to 6 months after the due date, subject to a late fee of 50.00 EUR.