Patent Application Encyclopedia

10 years

15 years

none

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

no

no

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

The initial term of protection is 10 years, and upon application by the right holder in the last year of the term of protection, it can be renewed for 5 years, with a total of 15 years after the renewal.

IPOPHIL conducts formality examination and substantive examination for invention patent applications. After completing the formality examination and prior art search, the applicant needs to enter the public procedure within 18 months from the filing date/priority date, and enter the substantive examination procedure if there is no objection. The applicant shall submit a request for substantive examination within 6 months from the date of publication of the application or within 6 months from the date of entering the national phase at the latest. If the requirements are met, the patent application will be authorized.

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

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

no. (Utility models submitted before January 11, 2020 can be converted into inventions, provided that the technical preparations for publication are completed (approximately 16 months from the filing date). Search fees and search reports must be submitted at the same time.)

2-4 years

2-3 years

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

In India, if:

- the details of the patent are disclosed without the consent of the inventor or any person entitled to the details
- Disclosed in communications with the government regarding previous investigations into the invention or its merits
- Publication at industrial or other exhibitions sanctioned by the Central Government of India
- describe or use the invention in any such exhibition without the consent of the inventor or its proprietor
- a description of the invention in a press intended for or used by the Society
- the applicant, the applicant's successor, or an individual with the consent of the above-mentioned parties, disclosed in the public work when the reasonableness test is carried out

The patent enjoys a novelty grace period within 12 months from the filing date or the priority date.

• Authorization Fee: None
• Annuity: After granted, it will be paid year by year from the 4th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. The first annual fee (i.e. the 4th year) can be paid within 6 months of the late payment period without paying the penalty. It can also be paid every three years in the 4th to 6th year, and in the 7th to 10th year.

no

2-4 years