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Patent application is a necessary procedure for obtaining patent right. To obtain a patent right, the applicant shall file an application with the State Patent Office, which shall approve and issue a certificate. When filing a patent application with the State Patent Office, the applicant shall also submit a series of application documents, such as the request, specification, abstract and patent claim.
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Filling and writing of patent application documents
There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
Acceptance of patent application
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions.
Payment method of application fee
The application fee and other fees can be paid directly to the toll office or agency of the Patent Office, or remitted through the bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and shall abbreviate the name of the payer. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.
When paying the application fee, if the patent application documents are submitted in person, you can pay the application fee after obtaining the acceptance notice and the application fee payment notice. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
Patent examination and approval procedure
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.
Actively modify and correct the patent application documents.
The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
Reply to various notices from the Patent Office.
(1) Observe the deadline for reply, and the consequences of late reply are the same as those of no reply. Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.
(2) Defects in format or procedure can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.
(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.
(4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.
The patent application is deemed to be withdrawn and resumed.
If the prescribed procedures are not completed within the time limit, the application shall be deemed to be withdrawn, and the Patent Office shall issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice of deemed withdrawal, request the Patent Office to restore his rights and explain the reasons. Anyone who requests the restoration of rights shall submit the Request for Restoration of Rights, explain the justified reasons for the extension, pay the restoration fee, and complete all the unfinished procedures that should be handled. The procedures for handling formalities and paying fees should generally be completed within the above two months.
Go through the patent registration formalities.
Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration formalities are overdue and the prescribed fees are paid, 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, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.
Registration fee.
When going through the registration formalities, you don't need to submit any documents. Applicants only need to pay the patent registration fee (including announcement printing fee) and the annual fee and stamp duty for the year of authorization as required. When an application for a patent for invention is authorized, if the application date is more than two years apart, an application maintenance fee shall also be paid. The authorized year shall pay the corresponding fees according to the year specified in the registration notice.
Maintenance of patent right
After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the annual fee is not paid or not paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee. The amount of overdue fine is calculated by adding 5% of the full annual fee of the current year for each month that exceeds the prescribed payment time; If the amount paid is not paid or insufficient, the patent right shall be terminated from the date when the annual fee payable expires.
Termination of patent right The termination of patent right can be divided into:
(1) Expiration and termination: the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right shall be maintained for 10 years from the date of application, and shall be terminated according to law;
(2) Termination of non-payment: If the applicant fails to pay or fails to pay the annual fee and late payment fee after the Patent Office issues a payment notice informing the applicant to pay the annual fee and late payment fee, the patent right shall be terminated from the expiration date of the previous year.
Invalid patent right
From the date when the patent application is authorized, any unit or individual may request the invalidation of the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the required fees and submit a request for invalidation in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based, and attach the necessary evidence. If a party refuses to accept the decision on the request for invalidation of a patent, he may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be regarded as nonexistent from the beginning.
First, the payment in the process of patent application is divided into:
1. Patent agency fee: collected by the Patent Office and used to write patent documents and other procedures. Inventors can also write and process their own applications, so this cost will not be incurred.
2. Patent application fee: charged by the Intellectual Property Office, which is the necessary fee for patent application.
Second, about the patent agency fee
Our school began to implement it from 200 1: 50% of the patent agency fee for applying for job patents is funded by the school patent fund (science and technology department), and the other 50% is paid by the inventor (the project funds can be used). The agency fee for invention patents is 2000 yuan, and the agency fee for utility model patents is 1500 yuan.
Third, about the patent application fee.
China National Intellectual Property Administration has issued a policy: some patent fees will be reduced or exempted for units and individuals with real difficulties. The reduced items are application fee, invention maintenance fee, invention examination fee, reexamination fee and annual fee for three years after authorization.
In June, 2000, Beijing issued a policy of subsidizing the patent application fee, the invention patent maintenance fee and the actual examination fee of the invention patent, and fully reimbursed the three fees after the slowdown.
Attachment of patent application fee.
Appendix Patent Application Fee Items and Standards (RMB)
explain
1, with * (* * * 4 items) for the name and expenses incurred by applying for invention patent under normal circumstances, and reducing the corresponding examination and approval links and expenses for utility models and designs.
2. The figures in brackets are the fees payable after reduction and exemption stipulated by China National Intellectual Property Administration.
3. After the project expenses in bold type are deferred, they can be fully reimbursed through the Beijing Intellectual Property Office.
* * * * Invention patent * * *
* The application fee is 900 (270).
Printing costs 50 pounds.
2. Application maintenance fee (generated in the fourth year, annually) 300 yuan (120)
* 3. Application for substantive examination fee of 2,500 (750)
4. Review fee 1000(400)
5. Record the project change fee.
1. Changes of inventors, applicants and patentees 200
2. Changes in the entrustment relationship between patent agencies and agents 50 pages
The priority claim fee is 80 per year.
7. Claims for restoration of rights 1000.
8. Cancellation fee 30
9. The request fee for invalidation is 3,000 yuan.
Ten compulsory license request fee 300
Eleven compulsory licensing ruling request fee 300
* 12 (after authorization) Patent registration, printing and printing expenses 255
Thirteen surcharges
1. The first extension request fee is 300 yuan per month.
The fee for applying for extension is 2000 yuan per month.
2. The claim surcharge is increased by 1 1 per piece.
3. Labor surcharge will be increased by 50 per item from item 3 1.
Starting from 30 1 page, the income per page will increase 100.
* Fourteen (after authorization) annual fee
1-3 years 900(270)
4-6 years old 1200
7-9 years old in 2000
10- 12 4000
13- 15 6000
16-20,8000
4-5 years 900
6-8 years old 1200
9- 10 2000
* * * * National defense patent * * * *
(One-time payment) Patent application and examination fee 550
Patent registration, printing and printing fees (after authorization) 255