What is the fee standard for an invention patent
Based on the adjusted patent charging items and standards and related matters of the State Intellectual Property Office Announcement (No. 75) stipulates:
(1) Application fee
Invention patent 900, printing fee 50;
(2) Invention patent application maintenance fee is 300 per year;
(3) Invention patent application examination fee 2,500; span>
(4) Reexamination fee for invention patent 1,000;
(5) Handling fee for change of bibliographic matters 1. Change of inventor, applicant, patentee 2002, change of patent agency and agent entrustment relationship 50
(6) Priority claim fee 80 per item
(7) Rights restoration request fee 1,000
(8) Revocation request fee for invention patent rights 30;(9) Invalidation request fee for invention patent rights 3,000;(10) Compulsory license request fee for invention patent 300;
(11) Compulsory license use ruling request fee 300;
(12) Patent registration, printing and imprinting costs 255 invention patents;
(13) Surcharge 1. First extension request The fee is 300 per month. The request fee for extending the term again is 2000 per month.2. The claim surcharge will be increased by 1503 per item starting from the 11th item. The description surcharge will be increased by 50 per page starting from the 31st page (including the description drawings). From the 301st page, the description surcharge will be added 100 per page (including the description drawings). /span>
(14) Annual fee 1, invention patent 1- -3 years 9004--6 years 12007--9 years 200010--12 years 400013--15 years 600016--20 years 8000;
Invention patent application process
According to the Patent Law, the approval process for invention patent applications is divided into acceptance and preliminary examination. , publication, substantive review and authorization five stages:
(1) Acceptance stage
The Patent Office receives the patent application Afterwards, the application will be reviewed. If the acceptance conditions are met, the Patent Office will determine the filing date, give the application number, and after verifying the document list, issue an acceptance notice to notify the applicant. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing If the applicant's name and address are unknown; or if the patent application category is unclear or cannot be determined, and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency, they will not be accepted.
(2) Preliminary review stage
If the accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary review stage. Before the preliminary review, invention patent applications must first undergo a confidentiality review. If confidentiality is required, it will be handled according to confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the content of the examination falls under the "Patent The scope within which patent rights are not granted in the Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements. If the applicant is a foreign applicant, qualification review and application procedure review are also required. No If the application is qualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to reply within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it will be rejected. If the invention patent application passes the preliminary examination, the application will be deemed to be withdrawn. A notice of passing the preliminary examination is issued. For utility model and design patent applications, in addition to the above examination, it is also necessary to examine whether they are obviously the same as existing patents and are not a new technical solution or new design. No reason for rejection is found after the preliminary examination. . Will enter the authorization order directly.
(3) Publication stage
Invention patent application is issued from the preliminary examination qualification notice It enters the publication stage. If the applicant does not make a request for early disclosure, it will not enter the public preparation process until 18 months from the application date. If the applicant requests early disclosure, the application will immediately enter the public preparation process. After format review, After editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette about three months later and a single copy of the specification will be published. After the application is published, the applicant obtains the right to temporary protection.
(4) Substantive examination stageAfter the invention patent application is published, if the applicant has submitted a substantive examination request and it has become effective, the applicant will enter the substantive examination procedure. If the applicant has not submitted a substantive examination request after three years from the application date, or the substantive examination request has not been effective. , the application is deemed to be withdrawn.
In the actual review During this period, a comprehensive review will be conducted on whether the patent application has novelty, inventiveness, practicality and other substantive conditions stipulated in the Patent Law. If upon review it is found that the authorization conditions are not met or there are various defects, the applicant will be notified within the specified time. State your opinions or make modifications within the time limit. If you do not reply within the time limit, the application will be deemed to have been withdrawn. If the application still does not meet the requirements after multiple replies, it will be rejected. The actual review period is longer. If authorization has not been granted within two years from the date of application, the application will be deemed to have been withdrawn. The application maintenance fee must be paid every year for three years. If it is not paid within the time limit, the application will be deemed to be withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered according to regulations.
(5) Authorization stage
If no reason for rejection is found after preliminary examination of utility model and design patent applications and substantive examination of invention patent applications, the examiner will issue an authorization notice and the application will be prepared for authorization registration. After reviewing the authorization text After reviewing the legal validity and completeness, and proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formalities notice. After receiving the notice, the applicant shall comply with the requirements of the notice within 2 months. If you complete the registration procedures and pay the required fees, and complete the registration procedures on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette 2 months later.Failure to complete registration procedures as required will be deemed to have given up the right to obtain patent rights.
The above introduces in detail the invention patent fee standards and In the application process, the invention patentee must obtain the patent right in time, so that he can obtain legal protection when infringement occurs. The above is the relevant knowledge brought to you by the editor of Legal Savior Network about "what are the standard fees for invention patents". I hope it will be helpful to you.
