How to calculate the substantive examination fees for a company's patent
Invention patent substantive examination fees need to be paid fee. Substantive patent examination is only required for invention patent applications. Utility model patents and design patents do not have this stage. Invention patents must be examined. If not, they will not be authorized.
After the invention patent application is published, if the applicant has If a request for substantive examination has been submitted and has taken effect, the applicant shall enter the substantive examination procedure. If an invention patent application has not submitted a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the authorization conditions are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
The invention application review fee is 2,500 yuan.
The Patent Office can pay for certain fees (application fee, invention application examination fee, invention application maintenance fee, reexamination fee and annual fee for three years after authorization). ) will implement mitigation measures for applicants who have real difficulties. If the applicant is an organization, 70% of the above fees can be reduced (reexamination fees can be reduced by 60%), and if the applicant is an individual, 85% of the above fees can be reduced (reexamination fees can be reduced by 80%).
When to pay the substantive examination fee for invention patent?
After applying for an invention patent, you need to pay the patent substantive examination fee during the examination stage. If this fee If you do not pay, the relevant departments will not review your patent application. So when should the substantive examination fees for invention patents be paid? The request for substantive examination should be submitted within three years from the application date (if there is priority, the priority date), and the substantive examination fees should be paid within this period.
Because the examination steps for invention patents are preliminary examination first, and then substantive examination after passing the examination, therefore, the application for substantive examination to the Patent Office should be submitted after the preliminary examination is passed. Therefore, the payment period for the substantive examination fee is from the time of passing the preliminary examination to three years from the filing date (priority date).
In addition, according to Article 35 of the Patent Law, within three years from the filing date of an invention patent application, the Patent Administration Department of the State Council may, upon request made by the applicant at any time, A substantive examination will be conducted on the application; if the applicant fails to request a substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
So the substantive examination of a patent is generally initiated only when the applicant takes the initiative. If the patentee does not make a request, the Patent Office will initiate the substantive examination request three months before the expiration of the deadline. month, a letter of approval is issued before the expiration of the time limit.
After the invention patent application is published, if the applicant has completed the substantive examination request procedures, the application will enter the substantive examination process, and the Patent Office will issue to the applicant " Notice of entering the substantive examination stage." If the applicant has not completed the substantive examination request procedures, the Patent Office will wait for the applicant to complete the substantive examination request procedures; if three years have passed from the application date, and the applicant has not submitted a substantive examination request or the substantive examination request has not taken effect, the application will be deemed invalid. considered withdrawn.
Applications that have entered the practical review process will wait for the practical review in the order in which they entered the practical review process. During the actual examination, the examiner will conduct a comprehensive review on the basis of the search to see whether the patent application meets the novelty, creativity, practicality and other substantive conditions stipulated in the patent law. After review, if it is found that the conditions for authorization are not met or that there are various deficiencies, the applicant shall be notified to state opinions or make modifications within the specified time (the time limit for replying to the first notice of examination opinions is 4 months). If the applicant fails to respond within the specified period, the application will be deemed withdrawn. If the application still does not meet the requirements after at least one reply or modification, it will be rejected. Due to the complexity of the actual review, the review cycle generally takes one year or longer.
No reason for rejection is found during the substantive examination of the invention patent application, orIf the defects are eliminated after the applicant has revised and stated his opinions, the examiner will issue an authorization notice and the application will enter the authorization preparation stage as required.
What are the contents of substantive examination of invention patents
Substantial examination is It means that the State Intellectual Property Office carefully studies the application documents of the invention patent application, searches the invention claimed to be protected, determines whether the invention complies with the provisions of the patent law and implementation rules, and finally makes a decision on whether to grant the patent right. Contents of substantive examination:
(1) Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social ethics or hinders Public interest situation;
(2) Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application falls within the scope of which patent rights cannot be granted ;
(3) Whether it complies with the provisions of Article 33 of the Patent Law, that is, whether the patent application meets the requirements of unity;
(4) Whether it complies with the provisions of Article 31 of the Patent Law, that is, when the applicant modifies the application or files a divisional application, whether it exceeds the original description (including drawings) and The scope recorded in the claims;
(5) Whether it complies with the definition of invention stipulated in the Patent Law and Implementing Regulations, that is, the proposed product, method or improvement thereof new technical solutions.
(6) Whether it complies with the provisions of Article 18 of the Implementing Rules of the Patent Law, that is, whether the drafting of the invention description in the patent application meets the prescribed requirements and describes the invention to be protected. The invention is clearly and completely described so that a person skilled in the technical field can realize it;
(7) Whether it complies with Article 20 of the Implementing Rules of the Patent Law stipulations, that is, whether the claims clearly and briefly state the scope of protection requested, whether the claims are based on the description, and whether the independent claims contain all necessary technical features to solve the technical problem to be solved by the invention.
(8) Whether it is consistent with the application claiming priority, if it is found that another person filed another application on the same subject between the priority date and the filing date. If a patent application is filed, or if a search finds that there are relevant documents published during this period, then the priority claim will be examined to see if it is established; at the same time, based on the retrieved documents,Compare the documents to determine the patentability of the invention patent application.
The above knowledge is the editor's answer to the question "How to calculate the substantive examination fees of a company's patent". If the invention patent enters the substantive examination stage, you need to pay 2,500 yuan. Review the fees. If you have difficulty paying the fees, you can apply for a fee exemption. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
