What are the legal provisions on patent application time and fees
1. How long does it take to apply for a patent
1. Apply for invention patent
After the patent administration department of the State Council receives an application for an invention patent, it shall, upon preliminary examination, determine that it meets the requirements of this Law. The application will be announced after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Invention patent application must be submitted to the State Council within three years from the filing date. The patent administrative department may conduct a substantive examination of the application based on the applicant's request at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
The invention patent application has not been issued after preliminary examination and substantive examination.If there are reasons for rejection, the Patent Office will make an authorization decision, issue a patent certificate, and register and announce it.
2. Apply for utility model and design patents
span>If no reason for rejection is found after preliminary examination of the utility model patent application, The Patent Office will make an authorization decision, issue a patent certificate, and register and announce it.
2. How much does it cost to apply for a patent?
Patent fee items adjusted according to the State Intellectual Property Office and Standards and Related Matters Announcement (No. 75):
Annual fee
1. Invention patent
1-3 years 900
4-6 years 12007-9 2000
10-12 years 4000
13-15 years 6000
16 -8000 in 20 years
2. Utility model
1-3 years 600
4-5 years 9006-8 years 1200
9-10 2000
3. Design patent
1-3 years 600
4-5 years 900
6-8 years 1200
9-10 years 2000
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