How are utility patent application fees charged
The utility model patent application fee consists of two parts , official fees and agency fees. Different patent agencies charge different agency fees. Here we only summarize the official fees.
Article 90 of the "Patent Implementation Rules of the People's Republic of China"; when applying for a patent and handling other procedures to the patent administration department of the State Council, the following fees shall be paid:
(1) Application fee, application surcharge, publication printing fee;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent registration fee, announcement printing fee, application maintenance fee, and annual fee;
(4) Fees for changes in descriptions, fees for priority claims, fees for restoration of rights, fees for extension requests, and utility model patent search report fees;
(5) Fees for request for invalidation, fee for suspension of procedure, fee for compulsory license, and fee for ruling on compulsory license usage fee .
What is a utility patent?A utility patent refers to the shape and structure of a product Or combined with the proposed new technical solutions suitable for practical use, the important role of utility patents has attracted widespread attention internationally. More and more countries have begun to adopt the utility model patent system to protect small inventions.
Utility model patent application process1. Application stage
Utility model application documents should include: utility model patent request, description, description drawings, claims, abstract and summary drawings. A utility model patent application must have There are instructions and drawings. If you entrust a patent agency, you should submit a power of attorney. If you apply for fee reduction, you should submit a fee reduction request and corresponding supporting documents.
2. Examination stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination process, the examiner will issue corrections to address formal issues in the application documents. Notice. The applicant makes corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue a notice of examination opinion to the applicant. Respond to the examination action notice or modify the application documents.
3. Authorization stage
(1) Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures.
The above is a detailed introduction to the utility patent application fees and application process. For inventors, applying for a patent can better protect their legality through legal channels. Patent rights are not infringed. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.