First, the patent application process
1. Acceptance by the Patent Office. To apply for a patent, the applicant shall first submit a patent application to China National Intellectual Property Administration, submit the necessary application documents when submitting the patent application, and pay the relevant fees in accordance with the regulations. After the applicant submits a patent application, the Patent Office determines the date of the patent application, gives the application number and issues a notice of acceptance.
2. Preliminary review. After accepting the application, the Patent Office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be released within 18 months from the date of application.
3. Announcement stage. The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After layout review, editing and proofreading, computer processing, typesetting and printing.
4. Substantive review. If it passes the substantive examination, the Patent Office will grant the patent right for the utility model or design; If it is unqualified, the applicant shall modify the application documents accordingly, grant the patent right to the qualified one, and reject the patent application to the unqualified one.
5. Grant a patent right. The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after going through the registration formalities.
Second, the patent fee standard
1. The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced if the company meets the conditions of deferred payment 1070, and 560 if the individual meets the conditions of deferred payment; When authorizing registration, you must also pay 255 pounds and the annual fee for the year of authorization.
2. The standard official fee for an application for a patent for utility model or design is 500, which can be reduced to 150 if it meets the conditions of company fee reduction and exemption, and 75 if it meets the conditions of personal fee reduction and exemption; The annual fee and the year of authorization must be paid at the time of authorization registration. In addition, if the entrusted agent needs additional agency fees.
The process of patent application includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. Applicants should know the relevant policies in advance to determine the application type. The standard official fee for applying for a patent for invention is 3450 yuan, and the standard official fee for applying for a patent for utility model or design is 500 yuan.
Legal basis:
The amount of compensation for patent infringement in Article 71 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method.
If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc.
The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.