Laying-open after 18 months from the filing date or priority date. Anyone can make a request for examination with 3 years from the filing date.
Utility: Formality Examination
Design:
needs to be examined
no early publication for Design Patents.
Both invention and design will be examined.
Invention:
Examination is needed
Laying-open after 18 months from the filing date or priority date.
Design: no early publication
Country/
Item
European Union
China
Type
Invention Patent
Community Design Patent
Invention Patent
Utility Model Patent
Design Patent
Term of Protection
Invention: 20 years from filing date
Community Design: 25 years from filing date
Invention: 20 years from filing date
Utility; 10 years from filing date
Design: 10 years from filing date
Procedures
Invention:
Examination is needed
Search Report will be rendered about six month from the date of the filing
Laying-open after 18 months from the filing date or priority date
A request for examination should be made within 6 months from the search report published date and designate EPO member state for which the patent proprietor seeks patent protection
Opposition can only be filed within 9 months of the grant being mentioned in the European Patent Bulletin.
Design:
Registration System
no substantive examination for Design Patents
Invention:
Examination is needed
Laying-open after 18 months from the filing date or priority date. A request for examination should be with 3 years from the filing date.
Design:
Registration System
no early publication for Design Patents.
Country/
Item
Japan
Korea
Type
Invention Patent
Utility Model Patent
Design Patent
Invention Patent
Utility Model Patent
Design Patent
Term of Protection
Invention: 20 years from filing date
Utility: 10 years from filing date
Design: 10 years from filing date
Invention: 20 years from filing date
Utility; 10 years from filing date
Design: 15 years from its granting date
Procedures
Invention:
Examination is needed
Laying-open after 18 months from the filing date or priority date
Opposition can only be filed within 6 months from the granting date.
Utility:
Registration System
no substantive examination for Utility Model Patents
Design:
Registration System
no substantive examination for Design Patents.
Invention:
Examination is needed
Laying-open after 18 months from the filing date or priority date
Opposition can only be filed within 3 months from the granting date.
Patent Practice (Main country)
