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IP Filing Requirements

Jurisdictions Guide

Comprehensive patent, trademark, and design filing requirements and prosecution procedures across Asia, South Asia, and Europe โ€” curated by Aswal Associates.

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IP Filing Requirements by Jurisdiction

Select any country to explore filing requirements, prosecution steps, and term information for Patents, Trademarks, and Industrial Designs.

๐Ÿ‡ฎ๐Ÿ‡ณ
India
South Asia
Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Name, address, status and nationality of applicant(s) and inventor(s)
  • Provisional or complete specification (description, claims, abstract, drawings)
  • Power of Authority in favour of Indian Patent Attorney (to be stamped in India)
  • Declaration as to inventorship within 1 month of filing
  • Proof of right from inventor within 6 months of filing
  • For conventional: DAS code or certified copy of priority document within 3 months
  • PCT National Phase: file within 31 months from priority date

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months (or on request)
  3. Request for Examination within 31 months from filing/priority date
  4. First Examination Report issued โ€” 6 months to respond (3 months extension)
  5. Hearing with Controller if requested
  6. Grant of Letter Patent
  7. Annuities payable โ€” 10% discount if paid 4+ years in advance
20
Year patent term
from filing date

Expedited examination available for startups, small entities, female inventors, Govt departments, and PPH-eligible applications.

Filing Requirements

  • Name, address, status and nationality of applicant(s)
  • Clear trademark image (for logos/device marks)
  • International class and goods/services description
  • Date of first use in India (if applicable)
  • Power of Attorney (no notarisation required)
  • For conventional: certified priority copy within 2 months

Registration Process

  1. Filing of application at Trade Marks Registry
  2. Examination โ€” objections issued if applicable
  3. Reply to examination report
  4. Hearing (if Registrar not satisfied)
  5. Acceptance and publication in Trade Marks Journal
  6. Opposition period: 4 months from publication
  7. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Key Features

  • Design must be novel, original and not disclosed prior to filing
  • Protects aesthetic aspects โ€” not functional features
  • Paris Convention priority claim available within 6 months
  • India is a member of the Locarno Classification system
15
Year design term
10 years + 5 year extension
๐Ÿ‡จ๐Ÿ‡ณ
China
East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in Chinese (translation required)
  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in Chinese (description, claims, abstract, drawings)
  • Original executed POA
  • Assignment deed (if China applicant differs from priority applicant)
  • PCT National Phase: entry within 30 months (2-month grace period available)

Prosecution Steps

  1. Filing of patent application
  2. Preliminary examination
  3. Publication after 18 months (invention); shortly after filing (utility model)
  4. Request for substantive examination within 36 months (no extension)
  5. Examination report reply: 4 months + 2 months extension
  6. Grant fee payment within 2 months of grant notice
  7. Annual renewal fees payable after grant

Utility Models

  • Available for novel technical solutions concerning shape/structure
  • Subject to preliminary examination only (not substantive)
  • Faster and more economical than invention patents
20
Invention patent
Utility model: 10 years

Patent Term Extension (PTE) available for pharmaceutical patents and for unreasonable prosecution delays (post June 1, 2021). PPH program with Austria, Canada, Singapore, Spain, Sweden and others.

Filing Requirements

  • All documents must be in Chinese
  • Full name, address, status and nationality of applicant(s)
  • International class and goods/services description
  • Copy of company registration certificate (stamped/signed)
  • Duly executed Power of Attorney
  • Priority details (if applicable) โ€” original certified copy required
  • Multi-class filing permitted

Registration Process

  1. Filing of application
  2. Formality examination (1โ€“2 months)
  3. Examination report within 90 days of filing
  4. Reply to examination report within 30 days
  5. Acceptance and publication in Trade Marks Journal
  6. Opposition: 3 months from publication (non-extendable)
  7. Certificate of Registration issued
10
Year registration
Renewable every 10 years

China follows its own "China Classification" updated annually to align with Nice Classification, with additional categories unique to China.

Filing Requirements

  • Name, address and nationality of applicant(s)
  • At least 6 different views including a perspective view
  • Short description of product title, use and key features
  • Power of Attorney
  • Priority claim must be filed within 6 months of first filing
15
Year design term
From filing date
๐Ÿ‡ธ๐Ÿ‡ฌ
Singapore
South East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in English
  • Name, address and nationality of applicant(s) and inventor(s)
  • Proof of rights (declaration of how rights were obtained)
  • Complete Specification in English
  • POA may be filed within ~1 month of formal examination
  • Priority document: within 12 months from filing (non-extendable)
  • PCT National Phase: entry within 30 months; no utility model system

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months
  3. Search request within 13 months (extendable by 18 months)
  4. Examination request within 36 months (extendable by 18 months)
  5. First Examination Report โ€” response within 5 months
  6. Notice of Eligibility for grant
  7. Certificate of Grant application within 2 months of notice
  8. Annuities from 4th year (payable only after grant)
20
Year patent term
From filing date; no utility model

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Description of goods/services and class
  • Clear trademark image (if logo/design)
  • Translation/transliteration if not in English
  • Priority details (if any) โ€” priority must be claimed at filing on Form TM4
  • No POA required for filing
  • Multi-class filing permitted

Registration Process

  1. Filing of application
  2. Examination (6โ€“9 months)
  3. Reply to objections within 2 months (extendable by 4 months)
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, classification and Locarno sub-class
  • Multiple views โ€” front, back, top, side, bottom, perspective
  • Priority claim: within 6 months of first filing (12 months for Paris Convention)
  • POA not required
15
Year max design term
5 + 5 + 5 years renewable
๐Ÿ‡ฒ๐Ÿ‡พ
Malaysia
South East Asia
Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Documents in English or Bahasa Malaysia
  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English or Bahasa Malaysia
  • POA may be filed during formal examination (~1 month after filing)
  • Priority document and certified English translation within 3 months
  • PCT National Phase: entry within 30 months

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months
  3. Request for examination: within 18 months (direct) or 4 years (PCT)
  4. Two types of examination: substantive or modified (if patent granted in AU/US/JP/KR/UK/EPO)
  5. Reply to objections: 2 months + 3 months extension
  6. Grant of patent (no grant fee)
  7. Renewal fees; late payment within 6 months with surcharge

Utility Innovation

  • Utility Innovations available (limited to one claim)
  • Does not require inventive step; covers new products, processes or improvements
  • Protection: 10 years + two 5-year extensions (max 20 years)
20
Year patent term
From filing date

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Trademark and class description
  • No POA or Statutory Declaration required (under Trademarks Act 2019)
  • Non-traditional marks (shape, colour, sound, scent) registrable
  • Priority: within 6 months; certified copy within 30 days of filing
  • Multi-class filing permitted; division of application allowed

Registration Process

  1. Filing of application
  2. Examination โ€” objection report within 4โ€“8 months
  3. Reply to examination report (within 30 days)
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
No proof of use needed for renewal

Non-use for 3 continuous years is ground for cancellation; "proper reasons" defence available under 2019 Act.

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, classification; statement of authorship
  • Multiple views of the article
  • Priority claim within 6 months; certified copy within 3 months
  • Duly signed POA (Form ID-10)
25
Year max design term
5 years ร— 5 renewals
๐Ÿ‡ฎ๐Ÿ‡ฉ
Indonesia
South East Asia
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • All documents must be in Bahasa Indonesia
  • English specification accepted; Bahasa Indonesia translation within 1 month
  • Proof of rights declaration (how applicant obtained rights from inventor)
  • POA during formal examination (~3 months after filing)
  • Priority document within 12 months + Bahasa translation
  • Statement of Ownership within 3 months
  • PCT National Phase: entry within 31 months

Prosecution Steps

  1. Filing of patent application
  2. Formality check
  3. DGIP publishes application for 6 months
  4. Substantive examination on request (8โ€“9 months)
  5. Grant of patent โ€” post-grant fee within 6 months
  6. Annual renewal fees to maintain patent
20
Year patent term
From filing date; utility models available

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Goods/services description and class
  • Clear trademark image (if logo/design)
  • Statement of ownership
  • Duly signed POA
  • E-filing is the only mode of filing in Indonesia
  • Madrid Protocol member (acceded October 2017)

Registration Process

  1. Filing of application (e-filing only)
  2. Formal examination (3โ€“4 months)
  3. Publication in Trade Marks Journal
  4. Opposition: 2 months from publication
  5. Certificate of Registration issued
10
Year registration
Renewable every 10 years

First-to-file rule applies. Hologram, 3D marks and sound marks are protected under Indonesian Trademark Law.

Filing Requirements

  • Name and nationality of applicant(s) and creator(s)
  • Title, Locarno classification, views of article
  • POA required at time of filing
  • Statement of Ownership (within 3 months) โ€” in Bahasa Indonesia
  • Assignment Deed (within 3 months) โ€” in Bahasa Indonesia
  • Priority claim within 6 months; certified copy + translation
10
Year design term
No renewal; no maintenance fee
๐Ÿ‡ช๐Ÿ‡บ
European Union
Europe (27 EU States)
Paris Convention PCT Member Madrid Protocol Hague System

Filing Requirements

  • Documents in English, French, German, Italian or Spanish
  • Name, address and nationality of applicant(s) and inventor(s)
  • Proof of rights declaration (if applicant is not inventor)
  • Complete Specification in English (description, claims, abstract, drawings)
  • POA may be filed during formal examination (~1 month after filing)
  • Priority document within 12 months from filing date (non-extendable)
  • PCT National Phase: entry within 30 months

Prosecution Steps

  1. Filing of patent application with EPO
  2. Formality check
  3. EPO issues search report and preliminary opinion
  4. EPO publishes application and search report after 18 months
  5. Substantive examination on request (1โ€“3 years)
  6. EPO grants European Patent
  7. Validation in each designated state within 3 months of grant
  8. Post-grant opposition within 9 months of publication
  9. Annual renewal fees to keep patent in force
20
Year patent term
From filing date; Unitary Patent covers 18 EU states

Unitary Patent (since June 2023) provides uniform protection across participating EU states without national validation fees โ€” significant cost saving.

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Goods/services description and class
  • Clear trademark image (if logo/design)
  • Translation/transliteration if not in English/French/German/Italian/Spanish
  • Duly signed POA
  • Priority: within 6 months; certified copy within 6 months of application
  • Multi-class filing permitted; valid in all 27 EU member states

Registration Process

  1. Filing of application at EUIPO
  2. Formal examination only (no absolute grounds examination if criteria met) โ€” approx. 3 months
  3. Publication in EU Trade Marks Journal
  4. Opposition: 3 months from publication
  5. Certificate of Registration issued
10
Year registration
One filing covers all 27 EU states

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, Locarno classification and disclaimer (if any)
  • Views of article โ€” must be clear
  • Up to 50 designs in one application
  • Priority claim within 6 months; certified copy on request by office
  • POA not required at filing

Prosecution Steps

  1. Filing of application
  2. Formal examination
  3. Objection reply within 2 months (if any)
  4. Registration and publication in journal
  5. Deferment of publication available for up to 30 months
25
Year max design term
5 years ร— 5 renewals; covers all 27 EU states
๐Ÿ‡ง๐Ÿ‡ฉ
Bangladesh
South Asia
Paris Convention Madrid Protocol

Filing Requirements

  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English (description, claims, abstract, drawings)
  • Original POA within 1 month of filing (late fee applicable)
  • Proof of right within 3 months (signed declaration with 2 witnesses or notarised assignment)
  • Priority details and certified copy within 3 months
  • Not a PCT contracting state โ€” PCT national phase not possible

Prosecution Steps

  1. Filing of patent application
  2. Formality check
  3. Publication after 18 months (or earlier on request)
  4. Pre-grant opposition within 90 days of publication
  5. Request for examination within 36 months (3-month extension possible)
  6. Substantive examination; reply and hearing if required
  7. Sealing fee payment and grant of patent
  8. Issuance of Letter Patent
  9. Renewal fees from 6th year onwards
20
Year patent term
Annuity from 6th year; not a PCT state

Filing Requirements

  • Trademark, full name, address, status and nationality
  • International class; goods/services description
  • Trade description (manufacturer/merchant/service provider)
  • Date of use in Bangladesh (if any)
  • POA (Form TM-48) โ€” scanned PDF sufficient; no notarisation needed
  • Priority details; certified copy within 3 months
  • Multi-class filing NOT permitted; Nice classification (9th Edition)

Registration Process

  1. Filing of application
  2. Application number issued within 1 week
  3. Examination
  4. Examination report in 4โ€“8 months; reply within 2 months
  5. Acceptance and publication on payment of publication fee
  6. Opposition: 2 months + 1 month extension from publication
  7. Certificate of Registration issued
7โ†’10
Year registration
7 years initial; 10 years per renewal

Filing Requirements

  • Name, address and nationality of applicant(s)
  • Title of article
  • Multiple views (front, back, top, side, bottom, perspective) โ€” 6 sets of photographs or drawings by email
  • POA with company seal (POA for patent is usable for design)
  • Priority within 6 months; certified copy within 3 months
15
Year max design term
5 + 5 + 5 year renewable terms
๐Ÿ‡ณ๐Ÿ‡ต
Nepal
South Asia
Paris Convention

Filing Requirements

  • Application form executed in presence of two witnesses
  • POA executed in presence of two witnesses (notarised if no company seal)
  • Notarised copy of complete specification including claims (in English)
  • Certified/notarised copy of filing receipt (if priority claimed)
  • Certified/notarised copy of home registration certificate in English
  • Conventional priority: within 12 months from earliest priority

Prosecution Steps

  1. Filing of application
  2. Formal examination
  3. Correction/completion of missing documents
  4. Substantive examination
  5. Notification of refusal (if any); response filed
  6. Acceptance and payment of registration fee
  7. Certificate of Patent issued
  8. Publication of registered patent; copy available on payment
  9. Opposition within 35 days of viewing the published patent
21
Year max patent term
7 + 7 + 7 years renewable

Filing Requirements

  • Trademark, full name, address, status and nationality
  • International class; goods/services description
  • Date of use in Nepal (if any)
  • POA executed in presence of two witnesses (notarised if no company seal)
  • Priority: within 6 months; certified copy with notarised English translation
  • Home country registration certificate (mandatory for processing to registration)
  • Multi-class filing NOT permitted; NOT a Madrid Protocol member

Registration Process

  1. Filing of application
  2. Examination; objections report issued
  3. Reply; hearing if registrar not satisfied
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition within 90 days of publication
  6. Certificate of Registration issued
7
Year registration
Renewable every 7 years; use within 1 year required

Trademark must be used within 1 year of registration; non-use is a ground for cancellation. 35-day extension for renewal available without cost.

Filing Requirements

  • Application form executed in presence of two witnesses
  • Name, address and nationality of applicant(s)
  • Multiple views of article; 6 sets of photographs or drawings
  • POA executed in presence of two witnesses (notarised if no company seal)
  • Priority within 6 months; certified copy + English translation within 3 months
15
Year max design term
5 + 5 + 5 year renewable terms
๐Ÿ‡ต๐Ÿ‡ฐ
Pakistan
South Asia
Paris Convention Madrid Protocol

Filing Requirements

  • Name, nationality and full address of applicant(s) and inventor(s)
  • Specification on A4 paper (min. 2cm margins) โ€” description, claims, abstract
  • POA in favour of attorney (notarised; preferably with company seal)
  • Proof of Right (Form P-1A or P-2A) โ€” signed in presence of two witnesses, notarised, back-to-back on same page
  • Priority document within 3 months with certified English translation
  • NOT a PCT contracting state (likely to join in near future)

Prosecution Steps

  1. Filing of application with specification
  2. Completion of formalities (POA, certified priority copy)
  3. Examination and issuance of examination report
  4. Response to office action
  5. Acceptance and publication in Official Gazette
  6. Sealing within 4 months if no opposition (sealing fee required)
  7. Grant of patent
  8. Annuity from 5th year; 6-month grace period available
20
Year patent term
Not a PCT member; Paris Convention priority applies

Filing Requirements

  • Trademark, full name, address, status and nationality
  • International class; goods/services description
  • Date of use in Pakistan (if any)
  • POA โ€” signed with company seal; notarised
  • Priority details; certified copy within 3 months
  • Multi-class filing NOT permitted; Madrid Protocol member (from Feb 2021)

Registration Process

  1. Filing of application
  2. Examination; objections report issued
  3. Reply; hearing if registrar not satisfied
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
Under Trademarks Ordinance 2001 (post-April 2004)

Filing Requirements

  • Name, address and nationality of applicant(s)
  • Title of article
  • Multiple views โ€” 6 sets of photographs or drawings
  • POA with company seal โ€” notarised
  • Priority within 6 months; certified copy within 3 months
  • English translation of priority document with translation certificate (notarised) or dual affidavits
30
Year max design term
10 + 10 + 10 years renewable

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