Patent Application Encyclopedia

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• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.
• Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

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

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

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

Within 12 months before the filing date/priority date.

Reinstatement of Priority Accepted on Unintentional Grounds.

A 12-month novelty grace period is available if the design is disclosed by the applicant or the applicant's agent.

ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.

yes. The applicant may request to change the patent type from invention to utility model before the invention patent application is granted.

Reinstatement of right of priority accepted on grounds of "unintentional".

• Grant fee: The applicant needs to pay the granted fee when receiving the granted notice.
• Annuity: The applicant needs to pay the annual fee for the second year within 2 months from the date of issuance of the granted notice. The payment can be postponed within 6 months after the overdue period, but a penalty of 30% of the annual fee of the current year must be paid at the same time. You can pay the annual fee for more than two years at one time.

INAPI conducts formal and substantive examinations of utility model patent applications. After completing the formality examination, the applicant must extract the extract and publish it in the Official Gazette by INAPI within 60 working days. Within 45 days after publication, any interested party can file an opposition to the patent application. Within 60 days after the end of the opposition period, regardless of whether there is an opposition, the substantive examination fee must be paid and the payment voucher must be submitted to the Chilean Patent Office; and specified in INAPI Experts in the technical field enter the stage of substantive examination. The applicant shall reply within 60 days to the review opinions put forward by the technical experts; if there is no report within 60 days, it can be authorized.

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

• Grant fee: The applicant shall pay within 2 months after receiving the announcement of the patent granted decision.
• Annual Fee: An annual fee is paid every 5 years.

15 years

2 years