Patent Application Encyclopedia

The initial protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

1-6 months

A 12-month novelty grace period is available if the invention is disclosed by the applicant or its agent in any form of communication within one year of the filing date or priority date, or exhibited at a national/international exhibition. Appropriate evidence must be submitted at the time of application.

• Grant fee: Pay the granted fee within 60 days after granted.
• Annuity: The starting date of the annual fee is the granted date, and the first annual fee is the annual fee for the first to fifth years.

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

20 years

no

no

yes

6 months

Within 12 months of the filing date/priority date.

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

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

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

5-8 years

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

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