Patent Application Encyclopedia

yes. A patent applicant can convert the patent type from a petty patent (utility model) to an invention before the patent application is granted. The converted patent application has the filing date of the original patent application.

• Licensing Fee: None.
• Annuity: payable year by year from the first year onwards from the application date. The annual fee due date is the last day of the month in which the filing date falls. Annuitys may be paid in advance for two or more years. After the due date, the payment can be postponed within a grace period of 6 months, but the penalty must be paid at the same time.

yes. After the applicant pays the corresponding fee, he can apply to change the patent type from invention to utility model.

via Paris Convention : 6 months from earliest priority date.

• Grant fee: The granting official fee must be paid within 3 months after receiving the granted notification from the Patent Office, and the annual fee for the year of granted must be paid at the same time.
• Annuity: The annual fee shall be paid year by year from the first year since the filing date, and the subsequent annual fee shall be paid on the day before the announcement date of each payment year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a late fee will be charged.

no

6-8 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.

UKRPATENT only conducts formality examination of utility model patent applications.

• via Paris Convention : 6 months from earliest priority date.
• EU design: 6 months from the earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

12-14 months

via Paris Convention : 6 months from earliest priority date.

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.

3 months

no

no

ROSPATENT conducts formality examination and substantive examination of the design patent application. The applicant should submit the examination request and pay the corresponding fees together with the new application, and try not to submit color renderings.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 20 months from the earliest priority date.
• Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.

*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other is Tanzania). If it takes 30 months to enter the national phase, a request for international preliminary examination must be submitted.

The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

• (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

• via Paris Convention : 6 months from earliest priority date.
• EU appearance route: 6 months from the earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.