Patent Application Encyclopedia

The application does not lose novelty if it is disclosed within 12 months from the filing date/priority date by the applicant, inventor, agent, or a third party or state agency that has obtained information from the above-mentioned persons.

10 years

10 years

no

• Authorization Fee: None
• Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the overdue period. The annual fee can be paid for multiple years at one time.

15 years

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.

The novelty grace period is 6 months before the filing date/priority date.

OPI conducts only formality examination of design patent applications.

• 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.

12 months

yes. An invention applicant may propose to change the type of invention from an invention to a utility model during the process of examining the application or within two months from the date of the final decision on the refusal to grant a patent. The utility model application shall be deemed to have been filed from the date of the invention application. A utility model application converted from an invention must fully meet the requirements for utility model documents.

The novelty grace period is 12 months before the filing date/priority date.

10 years

INDECOPI conducts formal and substantive examinations of design patent applications. If the design patent application meets the formality examination conditions within 15 working days, INDECOPI will publish it. Anyone can raise an objection within 30 days after publication. If there is no objection, INDECOPI will conduct a novelty examination and grant the patent right if the conditions are met, otherwise it will be rejected.

no

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.

no