Is it expensive to apply for a national defense patent? How much is the cost to apply for a national defense patent?
National defense patents refer to invention patents that involve national defense interests and have potential effects on national defense construction and need to be kept secret. Due to the particularity of national defense patents, our country has specially formulated the National Defense Patent Regulations, which is a decree, mainly for the patent issues encountered in national defense construction. Applications for national defense patents are subject to the regulations of the National Defense Patent Regulations. The payment items for defense patent application fees include the following items:
1. Application review fee 1100;
2. Substantive examination review fee 400;
3. Handling fee for change of description items 100;
4. Priority request fee 50/item;
5. Rights restoration request fee 300;
6. Invalidation declaration request fee 450;
7. Patent registration fee 190, including patent document printing fee 40;
8. Additional fee:
(1) Extension request fee 100/month;
(2) Claim surcharge: starting from item 11 per An additional surcharge of RMB 30 will be added to each item; (3) Instruction surcharge: If the instruction manual with drawings exceeds 30 pages, an additional surcharge of RMB 25 will be charged for each page starting from the 31st page; if the instruction manual with drawings exceeds 300 pages, a surcharge of RMB 25 will be charged for each page starting from the 301st page Additional surcharge of 50;
9. Annual fee: 400 per year for the first to third years, 600 per year for the fourth to sixth years, 800 per year for the seventh to ninth years, 800 per year for the tenth to twelfth years 1,500 per year, 3,000 per year from the 13th to the 15th year, 6,000 per year from the 16th to the 20th year;
10. Timely decryption Request fee 100;3
11. Request fee for implementation fee amount ruling 100.
Above It is the fee required for national defense patent application. Compared with civilian patents, national defense patents have more prominent national and public welfare properties, so the fee for national defense patent application is not expensive. Patent fees can be paid directly to the National Defense Patent Bureau, or through Send it to the bank or post office. Be sure to indicate the application number and fee name. No matter which method the applicant uses to pay, if the application number and fee name are not written or written incorrectly when paying, it will be deemed that the payment procedures have not been completed. Fees If the full amount is not paid, it will be deemed as unpaid.
Reduction and compensation for national defense patent applications
According to the provisions of Notice No. 1 of the National Defense Patent Office, if you really have difficulty paying defense patent fees, you can request the National Defense Patent Office to reduce the application examination fee, substantive examination and reexamination fee, and annual fee. Other expenses will not be mitigated. When filing a national defense patent application, you can request to mitigate the above three expenses at the same time. After filing a national defense patent application, you can only request to mitigate the expenses that have not yet expired except the application examination fee, but the request will last The application deadline should be submitted two months before the expiration of the relevant fee period. If requesting fee reduction, a request for fee reduction should be submitted. Individuals should fill in the annual income. If there are multiple applicants, fill in the annual income of each person. If the unit requests for reduction, the application should be submitted. State the reasons and attach the certificate from the superior administrative department.
National defense patent is a confidential patent. The holder of the national defense patent is subject to confidentiality obligations and cannot The freedom to implement patents like ordinary patentees cannot be extended to civilian use, which will cause certain economic losses. Therefore, while establishing the national defense patent system, our country also considered the issue of compensation. Article 1 of the "National Defense Patent Regulations" Article 30 stipulates that “the National Defense Patent Office shall establish a defense patent compensation fee” and “the holder of a national defense patent that is a service invention shall pay no less than 20% of the compensation fee to the inventor. The amount of compensation shall be determined by the National Defense Patent Office." The current payment method of compensation is based on the order of the authorization dates of national defense patents. Each year, a batch of authorized national defense patents are selected for evaluation and issuance in two phases. The Patent Office organizes experts according to the Xiang DefenseFactors such as the value of the patented invention, the source of funding for generating the defense patent, and the possibility of promotion and application are evaluated initially, pre-evaluated, and finally evaluated to determine the level of compensation. At present, defense patent compensation fees are divided into seven levels (RMB yuan): special grade: 30,000, first grade: 15,000, second grade: 8,000, third grade: 5,000, fourth grade: 3,000, fifth grade: 2,000, no compensation.
Notes According to the provisions of Notice No. 1 of the National Defense Patent Office, if it is really difficult to pay the national defense patent fees, you can request the National Defense Patent Office to slow down the application examination fee, substantive There are three types of fees, including review and reexamination fees and annual fees, and other fees will not be reduced.
The above content is the relevant answer. The national and public welfare nature of national defense patents are more prominent, so the application fee for national defense patents is not expensive. Patent fees can be paid directly to the National Defense Patent Bureau, or sent through a bank or post office. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
