Do you need to pay a fee for each practical examination of an invention patent?
Patent annual fees are collected after authorization, and corresponding annual fees will be paid every year thereafter to maintain the validity of the patent rights. If you have not received the authorization notice, you do not need to pay any fees.
After the patent application is granted patent rights, every year An annual fee is required to maintain the validity of the patent. The legislative purpose of the Patent Law is to encourage invention and creation and promote scientific and technological progress, and the payment of annual fees is consistent with the legislative purpose of the Patent Law.
Because, first, patent rights are protected by law, and corresponding fees naturally need to be paid. Second, paying annual patent fees is conducive to the effective use of resources. If a patent is idle in the hands of the patentee, it will not bring economic benefits if it is not used by itself. Moreover, due to the protection of patent rights by patent law, others cannot use it, which will cause great wealth to the society. waste. Third, it can save the patentee’s costs. If with the development of science and technology, the patented technology is no longer advanced and loses its market value; or if the annual fee paid by the patentee is greater than the income brought by holding the patent, then the annual fee can no longer be paid. .
In order to keep the patent right valid, the annual patent fee must be paid on time every year. For companies or individuals with many patents, it is very important to monitor the patent payment deadline. If the company does not have the energy, it can entrust a patent agency to pay on its behalf to avoid losing patent rights due to expiration. In addition, the patentee also needs to evaluate the patent in a timely manner based on the market and the value of the patent to determine whether it is necessary to continue to pay annual fees.
How long does it take to get the authorization certificate after the patent enters the substantive examination stage?
Even if the patent enters the substantive examination stage, it may not be authorized and may also beThe patent is rejected or deemed withdrawn, thereby becoming an invalid patent.
The time for patent substantive examination is uncertain and depends on the content of the invention, the examiner’s understanding of the invention, the examiner’s work arrangements, and the relationship between the examiner and the applicant or The time it takes for documents to go back and forth between its attorneys. Usually 6-18 months. Of course, if the first reply fails to solve the problem, there may be a second or third reply, which may take a little longer.
What are the steps to apply for an invention patent?
1. Novelty search: Confirm whether there is novelty. If not, it will be rejected.
2. Write application documents: including description, claims, abstract of description, and sometimes drawings of description and abstract drawings.
3. Fill in the request form: including invention patent request form, fee reduction request form, substantive examination request form, and early disclosure request form.
4. Submit a patent application: submit the application documents in duplicate, the invention patent request form in duplicate, and print and fill out the remaining requests in duplicate. Mail it by registered letter to the Patent Office of the State Intellectual Property Office or the Patent Office Agency in your region.
5. Pay the application fee and examination fee: After the patent is accepted, you will receive an official acceptance notice and payment notice. Please follow the instructions stipulated in the document. Pay the corresponding amount of fees within the time limit.
6. Review and reply to examination opinions: The invention patent goes through two stages: preliminary examination and substantive examination, and is finally authorized or rejected. For these two processes, there will be The corresponding review opinions need to be responded to immediately within the prescribed time limit.
7. Pay a fee to make a certificate after authorization: When authorizing, the Patent Office issues an authorization notice and payment notice, and you can obtain it by paying the corresponding fee within the specified period. patent certificate. The rights come into effect after the patent is published.
8. Patent maintenance: After authorization, annual patent fees should be paid every year to maintain the validity of the patent. If the corresponding fees are not paid, the patent right will be deemed to have been voluntarily given up.
For invention patent applications, it usually takes 2-3 years from application to authorization.
Do not entrust an agency to apply by yourself. If it goes well, it will take 2-3 years from application to authorization. However, if you cannot respond well to the patent office's review opinions, this time will be extended, and the patent may even be Rejected.
The application fee for an invention patent is 900 yuan, the publication printing fee is 50 yuan, the substantive examination fee is 2,500 yuan, the registration fee is 250 yuan, and the stamp tax is 5 yuan. The fee is 900-8000 yuan/year (increasing year by year)
If the applicant is a natural person and meets the mitigation requirements, the above application fee will be reduced to 135 yuan, and the review fee will be reduced It is 375 yuan, and the first three annual fees after authorization are paid at 15% of the full fee. The remaining fees will not be reduced.
Then the above is the legal savior network small The editor is based on patent-related content. If the patent is authorized, you need to pay the corresponding annual fee every year. At the same time, the editor has also prepared other related knowledge links for you. I hope you will gain something from reading it. Finally, if you still have If your question has not been resolved, it is recommended to come to the Legal Savior Network for online targeted legal consultation. Thank you for reading, and I wish you a happy life!
