How much does it cost to apply for a foreign patent?

A patent is the result of a person's invention. The patentee can enjoy the rights he possesses, and others cannot infringe at will without constant consent, otherwise it is illegal. A patent needs to be applied for, so what are the fees for applying for a patent? Below, the editor of Legal Savior Network will introduce it to you, hoping it will be helpful to you.

How much is the fee to apply for a foreign patent

There is no clear standard for the fees for applying for foreign patents. If you need to find an agent to apply, you can also Agency fee standards need to be negotiated with the agency.

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"Patent Law Implementing Rules" 101 Article 2 The Patent Administration Department of the State Council shall, in accordance with Article 20 of the Patent Law, accept international applications for patents filed in accordance with the Patent Cooperation Treaty.

Propose and designate China’s patent international in accordance with the Patent Cooperation Treaty The conditions and procedures for an application (hereinafter referred to as an international application) to enter the processing stage of the Patent Administration Department of the State Council (hereinafter referred to as entering the Chinese national stage) shall be governed by the provisions of this Chapter; if there are no provisions in this Chapter, the relevant provisions of the Patent Law and other chapters of these Rules shall apply.

"Patent Law Implementing Rules" Article 102 The international filing date has been determined in accordance with the Patent Cooperation Treaty and China has been designated An international application is deemed to be a patent application submitted to the Patent Administration Department of the State Council, and the international filing date is deemed to be the filing date as referred to in Article 28 of the Patent Law.

Article 103 The applicant for an international application shall file the application on the priority date referred to in Article 2 of the Patent Cooperation Treaty (this chapter). Within 30 months from the priority date), the applicant shall go through the procedures for entering the Chinese national phase with the Patent Administration Department of the State Council; if the applicant fails to complete the procedures within this time limit, after paying the grace fee, it may be processed within 32 months from the priority date. Complete the procedures for entering the Chinese national phase within months.

Article 104 The applicant who goes through the procedures for entering the Chinese national phase in accordance with the provisions of Article 103 of these Rules shall meet the following requirements:

(1) Submit a written declaration of entering the Chinese national phase in Chinese, indicating the international application number and the type of patent rights requested;

(2) Payment of Article 93 of these Rules The application fee and publication printing fee specified in paragraph 1, and if necessary, the grace fee specified in Article 103 of these rules shall be paid;

(3) If the international application is filed in a foreign language, a Chinese translation of the description and claims of the original international application shall be submitted;

(4) In the written declaration of entering the national phase in China, state the title of the invention, the name of the applicant, the address and the name of the inventor. The above content shall be consistent with the International Bureau of the World Intellectual Property Organization ( (hereinafter referred to as the International Bureau); if the inventor is not named in the international application, the name of the inventor shall be stated in the above statement;

(5) If the international application is filed in a foreign language, a Chinese translation of the abstract shall be submitted. If there are drawings and abstracts attached, copies of the drawings and abstract shall be submitted. Copies of the drawings. If there are text in the drawings, replace them with the corresponding Chinese characters; if the international application is filed in Chinese, submit a copy of the abstract and abstract drawings included in the internationally published document;

(6) If the applicant has gone through the applicant change procedures with the International Bureau during the international stage, provide the changed Proof that the applicant has the right to apply;

(seven ) Pay the application surcharge specified in Paragraph 1 of Article 93 of these Rules when necessary.

If the requirements of Items (1) to (3) of Paragraph 1 of this Article are met, the Patent Administration Department of the State Council shall issue an application number and specify the date on which the international application enters the national phase in China (hereinafter referred to as "Entry"). day), and notify the applicant that its international application has entered the Chinese national phase.

If the international application has entered the Chinese national phase, but does not meet the requirements of items (4) to (7) of paragraph 1 of this article, the patent administration department under the State Council shall notify the applicant to make corrections within the designated period; upon expiration of the period If no corrections are made, the application will be deemed withdrawn.

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