1. How long does it take to pay the application fee to apply for a patent?
Patent Applicants 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. If the payment is not made within the time limit or is not paid in full, the application will be deemed withdrawn.
2. Relevant legal provisions
"Implementing Rules for the Patent Law of the People's Republic of China"Article 93 Apply for a patent to the Patent Administration Department of the State Council When handling other procedures, the following fees shall be paid:
(1) Application fee, application surcharge, publication printing fee, priority claim fee;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent registration fees , announcement printing fee, annual fee;
(4) Rights restoration request fee, deadline extension request fee;
(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees 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 94 Various fees stipulated in the Patent Law and these Rules may be paid directly to the Patent Administration Department of the State Council, or through post office or bank remittance. , or pay in other ways prescribed by the patent administration department of the State Council.
By post office orIf the applicant pays by bank remittance, the correct application number or patent number and the name of the fee paid shall be stated on the remittance form sent to the patent administration department of the State Council. Those who do not comply with the provisions of this paragraph shall be deemed to have failed to complete the payment procedures.
If the fee is paid directly to the Patent Administration Department of the State Council, the payment day shall be the day of payment; if the fee is paid by post office remittance, the postmark date remitted by the post office shall be the date of payment. is the payment date; if fees are paid by bank remittance, the actual bank remittance date is the payment date.
If the patent fee is overpaid, repaid, or paid in error, the party concerned may submit a refund request to the Patent Administration Department of the State Council within 3 years from the date of payment. The administrative department shall return it.
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 will be deemed as failure. Request priority.
The above is what the editor has compiled for this issue. Patent applicants should apply within 2 months from the date of application or from the date of receipt of the acceptance notice. Pay the application fee within 15 days. If the payment is not made within the time limit or is not paid in full, the application will be deemed withdrawn. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
