Patent Application Encyclopedia

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4-7 months or so

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The initial period of protection is 6 years, which can be renewed twice, up to a maximum of 10 years.

If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:

• By correspondence, or publicly at national or international exhibitions

• Disclosure due to malicious disclosure by a third party

  The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.

KIPO adopts two examination systems, the Substantive Examination System (SES) and the Partial Substantive Examination System (NSES), for designs, and the applicant has no right to choose the examination route. The Partial Substantive Examination System (NSES) is for items that are popular, easy to imitate and have a short life cycle, such as food, clothing and men's clothing (category 2), travel goods (category 3), textiles, man-made and Natural panel materials (Class 5), packaging (Class 9), decorative articles (Class 11), stationery and office equipment, artists and teaching materials (Class 19). For some designs that have been substantiated, the applicant can obtain granted within 1-2 months from the date of submission of the application, and can enjoy new procedures such as combination design and post-granted opposition. The applicant can decide whether to disclose the design at the time of granted. After paying a certain confidentiality fee, the design can be requested not to be disclosed for 3 years. There are 32 levels in the Locarno classification system, but only 31 levels are used in Korea.

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• 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

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Grant fee: After deciding to grant the patent, the Hungarian Patent Office sends the text of the description, Claim and drawings to the applicant, and the applicant has three months to confirm the text or propose amendments. The granted fee should be paid within 3 months of receiving the granted decision.

The novelty grace period of the year preceding the filing date/priority right is granted if:

• The disclosure was caused by a third party illegally obtaining patent information
• The disclosure resulted from a breach of confidentiality by a person who obtained the patent information directly or indirectly from the applicant
• The disclosure was made by a government agency or a person authorized by a government in the investigation of an invention
• Disclosure results from a public exercise of reasonableness by the patentee or designee, the original owner of both, or a person with the consent of one of the foregoing
• A one-year novelty grace period if the evidence is submitted prior to review if the first disclosure was made after December 30, 2018, by:
  • patentee or designee
  • Original right holder of the patentee or designee
  • A person with the consent of the original right holder of the patentee or designee

A novelty grace period of 6 months is available if:

• With the consent of the inventor, the invention is exhibited at a specific exhibition or used for the exhibition
• Use or disclose inventions after the above exhibitions

INDECOPI conducts formal and substantive examinations of invention patent applications. The form review takes about 60 days. After submitting a patent application, INDECOPI will first check the application in detail for compliance with defense and atomic energy requirements. The applicant shall reply within 30 working days to the notice of form correction issued by the examiner. Failure to respond or an unsuccessful response to the patent application will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the date of application after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise objections within 60 days from the date of publication of the application. If an objection is raised, INDECOPI will start the objection procedure. The applicant must respond to the objection within 60 days. Within 6 months from the publication date, the applicant must file a request for substantive examination and pay relevant fees to enter the final substantive examination.

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.

• Licensing Fee: None.
• Annuity: The renewal request must be made within 12 months before the expiration of the registration period. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a late fee of 100.00 Australian dollars will be charged.

INPI only conducts formality examination of utility model patent applications. Substantive examination may only be requested if the applicant deems it necessary. An invention protected by a patent can be protected simultaneously or successively with a utility model. To this end, applicants have a maximum of 1 year to make changes.

• via Paris Convention : 6 months from earliest priority date
• Hague Agreement route: 6 months from earliest priority date