What is the process and cost of utility model patent application
(一)Application stage
Utility model application documents should include : Utility model patent application, description, description drawings, claims, abstract and summary drawings. 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) Examination stage
China implements a preliminary examination 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 client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and includes the examination of the following items:
Whether the utility model patent application obviously 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 novelty and practicality provisions of Article 31, Paragraph 1, Article 33 of the Patent Law, Article 2, Paragraph 3, Article 22, Paragraph 2 or 4 of the Patent Law, ;Whether it is obviously inconsistent with the provisions of Paragraph 3 or 4 of Article 26, Paragraph 1 of Article 31 or Article 33 of the Patent Law, or in accordance with the provisions of the Patent Law;Article 9 of the Patent Law stipulates that if the patent right cannot be obtained; the Patent Office shall notify the applicant of the examination opinion 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.
(3) Authorization stage
(1) Authorization: After passing the preliminary review, 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.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
2. Cost of applying for a utility model patent
1 , application fee
Utility model and design: 500 yuan application surcharge: claim surcharge will be increased by 150 yuan from item 11 onwards
Instruction surcharge will be increased by RMB 50 per page starting from page 31
Every page starting from page 301 Increase income by 100 yuan
2. Patent registration, printing and printing costs
Utility model and appearance Design: 205 yuan
3. Annual fee (yuan)
Utility model and appearance design ：
600 yuan for 1-3 years 900 yuan for 4-5 years
6-8 1,200 yuan per year 9-10 years 2,000 yuan
4. Other expenses:
As documented For details on project change fees, priority claim fees, invention patent maintenance fees, etc., please refer to the 75th Article of the State Intellectual Property OfficeAnnouncement.
The fee can be paid directly to the Patent Office (including various agencies), or through post office or bank transfer, or in other ways prescribed by the State Intellectual Property Office. . The charging range of each agency is separately stipulated.
The above knowledge is the editor's answer to the question "What is the utility model patent application process and application fees?" The utility model patent application process is mainly divided into The three stages are the application stage, review stage and authorization stage. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
