Instructions for applicants applying for invention patents
* Consultation:
* Write a technical briefing.
* For Chinese patent search, search fee must be paid first. Purpose: 1. Preliminarily confirm the novelty of the application content in Chinese patents; 2. Prevent infringement of other people’s patent rights in China. Operation: Search Chinese patents (that is, Chinese patents and patents applied by foreigners to China and published or announced). Additional search fees and translation fees will be charged for searching foreign language patents. Searching for an invention patent does not guarantee that the patent right will be granted. The main thing is to find existing technical documents that are close to the invention.
* Agent. Ordinary agency: Basic agency fee is charged. Urgent agency: An additional basic agency fee of RMB 40 will be charged. Based on the original materials provided by the applicant, the agent will draft application documents that comply with the provisions of the Patent Law, Implementing Rules of the Patent Law, and Examination Guidelines.
* Acceptance: After receiving the application documents mailed or submitted, the National Patent Office will send back the "Notice of Acceptance". The applicant will receive the "Notice of Acceptance" or two months from the date of application. Pay the application fee (full fee 950 yuan) to the China Patent Office within 10 days. If the application fee is delayed, the application fee will be paid in proportion to the delay. At the same time, we will charge a handling fee. The patent application will be deemed withdrawn if the fee is paid after the due date.
The full fee is 2,500 yuan. If you enjoy the mitigation treatment, you will pay according to the mitigation ratio. At the same time, I charge a handling fee of 150 yuan. If you pay this examination fee early, you can enter the examination process earlier. If the examination fee is paid after the due date, the patent application will be deemed to be withdrawn.
If the applicant pleads by himself, he needs to go through the procedures for canceling the entrustment with our firm. If the applicant entrusts our firm to defend, our firm will charge a defense fee (writing a defense statement) that is no more than the basic agency fee. If the first defense is not passed, the defense fee will still be charged for the second defense, but the fees will decrease gradually. Each defense has a time limit. If the patent application is not responded to within the time limit, it will be deemed to be withdrawn.
* Registration procedures: If there are no problems with the three aspects of the patent application or the defense is passed, the National Patent Office will issue an authorization notice. The annual fee and unpaid maintenance fee are due within two months from the date of receipt of the authorization notice from the Patent Office. Overdue payment of the patent will be deemed to have given up the patent right.
* Restoration of rights: If the above rights are lost and the rights need to be restored, in addition to going through the rights restoration procedures and paying the owed fees, a right restoration request fee of 1,000 yuan must be paid to the National Patent Office.
* Reexamination: If you are dissatisfied with the decision of the Patent Office to reject a patent application or not to grant a patent right, you can also request a reexamination to the Reexamination Committee of the State Intellectual Property Office.
* Fee reduction: application fees, examination fees, and annual fees paid to the National Patent Office for the first three years after authorization (including maintenance fees that should be paid from the third year before the invention patent application is granted the patent right) The fee is 85% for one applicant, 70% for two or more applicants (including two people) or 70% for one unit, and no reduction for two units.
Loss of rights