What is the time and cost for utility model patent reexamination
Patent reexamination period : The State Intellectual Property Office establishes a Patent Reexamination Committee. If a patent applicant is dissatisfied with the Patent Office's decision to reject the application, he may request a reexamination to the Patent Reexamination Board within 3 months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within 3 months from the date of receipt of the notice.
The cost of patent review for an invention patent is 1,000 yuan. Utility model patents and appearance patents cost 300 yuan, and if you find an agency, you will also need a certain agency fee.
Utility model patent application process
Utility model patent application It is divided into application stage, review stage and authorization stage. The general time is about 6 months. The protection period of utility model patent is 10 years.
1. The application documents for utility model in the application stage should include: utility model patent request, description, description drawings, claims, abstract and abstract appendix. picture. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. During the review stage, China implements a preliminary review system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the customer is protected by the utility model patent.
3. If there is a customer that is not protected by the utility model patent,If the applicant is registered, the examiner will issue a notice of examination opinions, and the applicant shall respond to the notice of examination opinions or make modifications to the application documents. Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications.
4. Mainly examine whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, and whether these documents comply with the prescribed format. , and includes examination of the following items: Whether the utility model patent application clearly falls within the provisions of Article 5 and Article 25 of the Patent Law, or clearly does not comply with the provisions of Article 18 and Article 19, Paragraph 1 of the Patent Law or is obviously inconsistent with the provisions on novelty and practicality of Article 31, Paragraph 1, Article 33, Article 2, Paragraph 3, Article 22, Paragraph 2 or 4 of the Patent Law. stipulated; whether it is obviously inconsistent with the provisions of Article 26, Paragraph 3 or 4, Article 31, Paragraph 1, and Article 33 of the Patent Law, or the patent cannot be obtained in accordance with the provisions of Article 9 of the Patent Law rights; the Patent Office shall notify the applicant of the examination opinions and require him to state his opinions or make corrections within a specified time limit; if the applicant fails to respond within the time limit, his application shall be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the Patent Office still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
5. Authorization: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
6. Issuing a certificate: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
What is the time and cost for the reexamination of a utility model patent? When applying for a utility model patent, you must be able to know the specific content of the reexamination to ensure that it can be passed in time after the reexamination is submitted. When you have questions about the time and cost of reexamination of a utility model patent, you can seek help from a lawyer on the Legal Savior Network if you want to solve the problem and bring benefits to yourself.
