FILING REQUIREMENTS
Time Limits
12 months from priority – for Patent Application
30 months from earliest priority – for PCT National Phase
Requirements
PATENT FLOW
Filing: the application with all required documents filed
Formal examination: after lodged of application to check on formal requirements
Publication: 18 months from priority
Substantive examination: to be filed within 36 months from priority date/filing date or PCT filing date
Request to Expedite Examination (Fast Track): applicable for the following with additional cost:
Notice of Substantive Results: Applicant to respond within time limit stipulated by PO – usually 90 days
Grant: issuance fee to pay within 60 days from Notice of Allowance
Annuity: commences 3rd year after filing
Protection period:
For Patent : 20 years from filing, subject to payment of annual renewals
For Utility: 15 years from filing, subject to payment of annual renewals
Note:
Estimate time to obtain grant for straight forward application approximately3-5 years from filing
- only an object of practical use may be patentable as utility model [an object of practical use, or part thereof, is patentable as utility model if it is susceptible of industrial application, has a new form or arrangement and involves an inventive act that results in functioning improvement in its use or manufacture]
- utility model patent application should contain only one independent claim that should define all the characteristics of its form or arrangement that are essential to provide the functional improvement
- No limitation on number of dependent claims for Utility Application
- Conversion from patent to utility application or vice versa allowed
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