1. What is the patent application process and fees
Including acceptance and preliminary examination , publication, actual review and authorization five stages. Utility model or design patent applications have only three stages: acceptance, preliminary examination and authorization. The standard official fee for applying for an invention patent is 3,450 yuan, and the standard official fee for applying for a utility model or design patent is 500.
(1), Patent application process
1. Acceptance by the Patent Office. To apply for a patent, the applicant should first submit a patent application to the State Intellectual Property Office. When submitting a patent application, the applicant should submit the necessary application documents and pay relevant fees as required. After the applicant submits a patent application, the Patent Office determines the patent application date, gives the application number, and issues an acceptance notice.
2. Preliminary review. After the Patent Office accepts the application, it will conduct a preliminary examination of the patent application. After passing the preliminary review, it will be announced within 18 months from the date of application.
3. Announcement stage. An invention patent application enters the publication stage from the date of issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it will not enter the public preparation process until 18 months from the filing date. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing.
4. Substantive review. If the substantive examination is qualified, the Patent Office will grant patent rights to the utility model or design patent applied for; if it is unqualified, the applicant should modify the application documents accordingly, grant the patent right if the application is qualified, and reject the patent application if it is unqualified.
5. Grant patent rights. After receiving the notice of grant of patent right, the applicant needs toGo through the registration process. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and shall also pay stamp duty on the patent certificate. The applicant can obtain the patent certificate only after completing the registration procedures.
(2) Patent fee standards
1. Standard official fees for applying for invention patents It is 3450 (including application fee 950 and substantive examination fee 2500). If you meet the company fee reduction conditions, it can be reduced to 1070. If you meet the personal fee reduction conditions, it can be reduced to 560. When authorizing the registration, you need to pay 255 and the annual fee for the year of authorization.
2. The standard official fee for applying for a utility model or design patent is 500. If you meet the conditions for company expense reduction, it can be reduced to 150. If you meet the conditions for personal expense reduction, it can be reduced to 75. When authorizing the registration, you need to pay 205 and the annual fee for the year of authorization. In addition, if you entrust an agency, additional agency fees will be required.
The patent application process includes five stages: acceptance, preliminary examination, publication, practical examination and authorization. Applicants should understand the relevant policies in advance to determine the type of application they are applying for. The standard official fee for applying for an invention patent is 3,450 yuan, and the standard official fee for applying for a utility model or design patent is 500.
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2. What are the roles of lawyers at different stages?
1. Negotiation stage: Lawyers can check the specific contents of the compensation agreement and the letter of understanding, find loopholes and fight back, saving both parties time at a low cost .
2. Arbitration stage: Lawyers can help the parties analyze the case and the pros and cons, so that the parties can clarify their position in the arbitration. After accepting the appointment for arbitration, a lawyer shall appear in court to participate in the arbitration, participate in court investigations and debates, and state opinions and demands in accordance with the law. If the parties fail to perform the arbitration award, they may apply to a court with jurisdiction for enforcement in accordance with legal provisions.
3. Litigation stage:
(1) It can reduce the risk of litigation. Litigation involves a lot of legal expertise, so a lawyer is hired. You can comprehensively control and prevent litigation risks.
(2) As a plaintiff, you can hire a lawyer to make a comprehensive claim, and as a defendant, you can have equal rights with the other party. Lawyer After fully understanding the case, you can propose comprehensive compensation for the losses suffered by the victim, and guide the parties or the lawyer to collect complete evidence so that your request can be supported to the greatest extent possible. As a lawyer representing the defendant, you can also Confront it and safeguard legitimate rights and interests.
(3) Hiring a lawyer can reduce the pain of the parties. Ordinary people rarely deal with the court, especially when they encounter problems. It is difficult for an ordinary person to accept the reality of being reasonable to the other party. After hiring a lawyer, you can entrust the lawyer with full authority to handle the matter, which saves you a lot of troubles. Hiring a lawyer will ensure you can win the case and make a full claim.
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