Can I reapply if the patent application fee is not paid?

According to the provisions of the "Patent Law Implementing Rules", if the applicant shall pay the Application fee within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice, the application will be deemed to have been withdrawn. After the withdrawal of the application, the application will not be affected. People then apply for patents. Regarding the question of whether you can reapply if the patent application fee is not paid, the editor of Legal Savior Network will answer it in detail below.

1. Can you reapply if the patent application fee has not been paid?

1. Application After patenting, if the application fee is not paid within the prescribed time limit, the application is deemed to have been withdrawn, which will not affect the applicant's re-application for a patent.

2. Legal basis: Article 93 of the "Implementing Rules of the Patent Law of the People's Republic of China" When applying for a patent and handling other procedures with the patent administration department of the State Council, you should Pay the following fees:

(1) Application fee, application surcharge, publication printing fee, priority claim fee;

(2) Substantive examination fees and reexamination fees for invention patent applications;

(3) Patent registration fees, announcement printing fees, and annual fees ;

(4) Request fee for restoration of rights and request fee for extension of time limit;

(5 ) fee for change of description, fee for requesting patent evaluation report, and fee for requesting invalidation.

The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council.

Article 95 The applicant shall pay the application fee and publish the application within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice. Printing fees and necessary application surcharges; if they are not paid upon expiration or are not paid in full, the application will be deemed withdrawn.

If the applicant claims priority, he shall pay the priority claim fee at the same time as the application fee; if the application fee is not paid upon expiration or is not paid in full, it shall be deemed as failure. Request priority.

2. Can the patent application documents be modified after they are submitted to the Patent Office

1 . When applying for an invention patent, the application documents include: invention patent request, instructions (the contents of the instructions need to indicate the technical problems to be solved, the technical solutions adopted to solve the technical problems and their beneficial effects.

Note that if the description has drawings, you must submit the description drawings, claims, abstract (and abstract drawings if necessary), each in duplicate.

For invention patent applications involving amino acid or nucleotide sequences, the sequence list must be included in the description and submitted as a separate part of the description. At the same time, the sequence list must be submitted as a separate part of the description. A CD or floppy disk with the sequence list specified by the State Intellectual Property Office.

2. To apply for a utility model patent, the application documents include: Utility Model Patent Request Form , description, drawings of the description, claims, abstract and drawings, each in duplicate.

3. When applying for a design patent, the application documents include : Design patent application form, pictures or photos, each in duplicate. If color protection is required, color pictures or photos should also be submitted in duplicate. If pictures are submitted, both copies should be pictures; if photos are submitted, both copies should be submitted. It should be a photo, and pictures or photos must not be mixed. If you need to explain the picture or photo, you must submit a brief description of the design in duplicate.

However , after you submit the patent application documents to the Patent Office, the applicant can still modify the patent application documents during the patent application stage, and no further modifications are allowed.

Through the above analysis, we know that according to the provisions of the "Patent Law Implementing Rules", if the applicant should pay the application fee within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice, it will be deemed to be withdrawn. After the application is withdrawn, it will not affect the applicant's ability to apply for a patent again.I hope the above content can be helpful to you, if If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.