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European Union
Patent
Patent
Community Design
Examination
“Request for Substantive Examination” shall be submitted within 6 months from publication date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
Time frame for examination
6-12 months for search report
12-24 months for examination result
1-3 months
Duration
20 years from filing date
25 years from filing date
Maintenance
Maintenance fee shall be paid from the 3rd annuity from filing date
5-year Renewal fee shall be paid on the 6th, 11th, 16th, and 21th year from filing date, after granted.
Note
1. 38 member states of European Patent Organization (till Nov. of 2021)
2. Any annuity falling due after the publication date of “mention of the grant” shall be arranged to each validated country, rather than to EPO.
1. 27 member states of European Union (till Nov. of 2021)
2. Protection scope expands through all 27 member states once the design is granted.
Trademark (Community Trademark)
Examination
No Prior- application- search is conducted
Time frame for examination
4-6 months
Opposition period
3 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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Australia
Patent
Standard Patent
Innovation Patent (From August 26, 2021, NOT allow new Innovation Patent applications in Australia)
Design
Examination
“Request for Substantive Examination” shall be submitted within 5 years from filing date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
No substantive examination is conducted
Time frame for examination
24-30 months
1-3 months
1-3 months
Duration
20 years from filing date
8 years from filing date
10 years from filing date
Maintenance
Maintenance fee shall be paid from the 5th annuity from filing date
Maintenance fee shall be paid from the 3rd annuity from filing date
5-year Renewal fee shall be paid on the 6th year from filing date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
8-10 months
Opposition period
2 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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France
Patent
Patent
Certificate of Utility
Design
Examination
“Request for Search Report” shall be submitted while filing
No substantive examination is conducted
No substantive examination is conducted
Time frame for examination
24-36 months
12-18 months
12 months
Duration
20 years from filing date
10 years from filing date
25 years from filing date
Maintenance
Maintenance fee shall be paid from the 2nd annuity from filing date.
Maintenance fee shall be paid from the 2nd annuity from filing date.
5-year Renewal fee shall be paid on the 6th, 11th, 16th, and 21st year from filing date, after granted.
Trademark
Examination
No Prior- application- search is conducted
Time frame for examination
6-8 months
Opposition period
2 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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UK
Patent
Patent
Design
Examination
“Request for Substantive Examination” shall be submitted within 6 months from publication date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
Time frame for examination
6-12 months for search report
24-36 months for examination result
3-9 months
Duration
20 years from filing date
25 years from filing date
Maintenance
Maintenance fee shall be paid from the 5th annuity from filing date.
5-year Renewal fee shall be paid on the 6th, 11th, 16th, and 21st year from filing date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
6-8 months
Opposition period
2 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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Germany
Patent
Patent
Utility Model
Design
Examination
“Request for Substantive Examination” shall be submitted within 7 years from filing date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
No substantive examination is conducted
Time frame for examination
18-24 months
2-3 months
6-8 months
Duration
20 years from filing date
10 years from filing date
25 years from filing date
Maintenance
Maintenance fee shall be paid from the 3rd annuity from filing date
Maintenance fee shall be paid from the 4th, 7th, and 9th annuity from filing date
5-year Renewal fee shall be paid on the 6th, 11th, 16th, and 21th year from filing date, after granted.
Trademark
Examination
No prior-application-search is conducted.
Time frame for examination
6-8 months
Opposition period
3 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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Canada
Patent
Patent
Design
Examination
“Request for Substantive Examination” shall be submitted within 5 years from filing date; otherwise, the application is deemed to have been withdrawn.
Substantive examination is conducted automatically
Time frame for examination
18-24 months
12 months
Duration
20 years from filing date
10 years from registration date
Maintenance
Maintenance fee shall be paid from the 2nd annuity from filing date
5-year Renewal fee shall be paid on the 6th year from registration date
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
18-20 months
Opposition period
2 months
Duration
10 years from registration date
Maintenance
Renewal is due before expiration of the 10-year term
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USA
Patent
Utility Patent
Design Patent
Examination
Substantive examination is conducted automatically
Substantive examination is conducted automatically
Time frame for examination
18-24 months
10-12 months
Duration
20 years from filing date
15 years from registration date
Maintenance
Maintenance fee shall be paid on the 3.5, 7.5 and 11.5 year from registration date
No maintenance fees are due
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
8-12 months
Opposition period
30 days
Duration
10 years from registration date
Maintenance
1. File a Declaration of Use and/or Excusable Nonuse under section 8 between the fifth and sixth years after the registration date.
2.Renewal is due before expiration of the 10-year term
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Malaysia
Patent
Patent
Utility Innovation
Design
Examination
“Request for Substantive Examination” shall be submitted within 18 months from filing date; otherwise, the application is deemed to have been withdrawn.
“Request for Substantive Examination” shall be submitted within 18 months from filing date; otherwise, the application is deemed to have been withdrawn.
Substantive examination is conducted automatically
Time frame for examination
36-60 months
36-60 months
10-12 months
Duration
20 years from filing date
10 years from filing date, could be extend further 5 years twice total extend 10 years
25 years from filing date
Maintenance
Maintenance fee shall be paid from the 2nd annuity from registration date, after granted.
Maintenance fee shall be paid from the 3rd annuity from registration date, after granted.
5-year Renewal fee shall be paid on the 6th, 11th ,16th and 21th year from filing date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
18-24 months
Opposition period
2 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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Singapore
Patent
Patent
Design
Examination
“Request for Substantive Examination” shall be submitted by applicant. 2 options: one for national examination, the other is depend on international search report.
No substantive examination is conducted
Time frame for examination
36-60 months
6-8 months
Duration
20 years from filing date
15 years from filing date
Maintenance
Maintenance fee shall be paid from the 5th annuity from filing date, after granted.
5-year Renewal fees shall be paid on the 6th and 11th year from filing date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
6-8 months
Opposition period
2 months
Duration
10 years from filing date
Maintenance
Renewal is due before expiration of the 10-year term
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Korea
Patent
Patent
Utility Model
Design
Examination
“Request for Substantive Examination” shall be submitted within 5 years from filing date; otherwise the application is deemed to have been withdrawn.
“Request for Substantive Examination” shall be submitted within 3 years from filing date; otherwise the application is deemed to have been withdrawn.
1. No substantive examination is conducted
2. Substantive examination is conducted automatically
Time frame for examination
20 months
20 months
1. 6-10 months
2. 12 months
Duration
20 years from filing date
10 years from filing date
20 years from filing date
Maintenance
Maintenance fee shall be paid from the 4th annuity from registration date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
8-12 months
Opposition period
2 months
Duration
10 years from registration date
Maintenance
Renewal is due before expiration of the 10-year term
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Japan
Patent
Patent
Utility Model
Design
Examination
“Request for Substantive Examination” shall be submitted within 3 years from filing date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
Substantive examination is conducted automatically
Time frame for examination
18-24 months
2-4 months
6-8 months
Duration
20 years from filing date
10 years from filing date
20 years from filing date
Maintenance
Maintenance fee shall be paid from the 4th annuity from registration date, after granted.
Maintenance fee shall be paid from the 4th annuity from registration date, after granted.
Maintenance fee shall be paid annually from registration date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
8-12 months
Opposition period
2 months
Duration
10 years from registration date
Maintenance
Renewal is due before expiration of the 10-year term
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China
Patent Utility Model
Design
Examination
“Request for Substantive Examination” shall be submitted within 3 years from filing date; otherwise, the application is deemed to have been withdrawn.
No substantive examination is conducted
No substantive examination is conducted
Time frame for examination
18-24 months
10-12 months
10-12 months
Duration
20 years from filing date
10 years from filing date
15 years from filing date
Maintenance
Maintenance fee shall be paid annually from filing date, after granted.
Trademark
Examination
Prior- application- search is conducted
Time frame for examination
12 months
Opposition period
3 months
Duration
10 years from registration date
Maintenance
Renewal is due before expiration of the 10-year term
