I. Procedures for accepting patent applications
Entrusted by China National Intellectual Property Administration, China National Intellectual Property Administration, representative of Tianjin Agency of China National Intellectual Property Administration Patent Office, accepted and examined some patent applications.
(a), the scope of acceptance of patent applications
1. Receive three kinds of patent application documents for inventions, utility models and designs delivered by domestic units or individuals.
2. Receiving three kinds of patent application documents for inventions, utility models and designs represented by Hong Kong, Macao and Taiwan residents through domestic patent agencies.
(2) Conditions for accepting patent applications
The applicant shall submit the patent application documents in duplicate, and all kinds of patent application documents shall be printed or printed.
1. To apply for a patent for invention, documents such as the request, specification, abstract and claim shall be submitted.
2. To apply for a patent for utility model, a request, specification, drawings, abstract, drawings, claims and other documents shall be submitted.
3. To apply for a patent for design, the applicant shall submit a written request, pictures or photographs of the design and other documents.
(three), the patent application acceptance review procedures
The agency shall examine the accepted patent application documents, determine the application date and give the application number. Examine and approve the request for fee reduction put forward by the applicant, determine the criteria for granting fee reduction, and issue a notice.
1. For a patent application that meets the acceptance conditions but fails to submit a request for fee reduction, a notice of patent application acceptance and a notice of fee payment shall be issued to the applicant.
2. For a patent application that does not meet the acceptance conditions, issue a notice of rejection of the patent application to the applicant.
3. For the patent application that meets the acceptance conditions and submits the request for fee reduction, if it meets the requirements for fee reduction, it shall make examination and approval for fee reduction, determine the criteria for fee reduction, and issue the Notice of Acceptance of Patent Application and the Notice of Examination and Approval for Fee Reduction to the applicant.
4. For a patent application that meets the acceptance conditions but does not meet the requirements for fee reduction and exemption, a Notice of Acceptance of Patent Application and a Notice of Approval for Fee Reduction and Exemption shall be issued to the applicant (the notice shall specify the reasons why the fee cannot be reduced and the time limit and amount of the fee payable).
5. Determine the filing date of the patent application documents according to the relevant provisions of the Patent Law and its implementing rules. If the applicant submits the application documents in person, the date of submission in person shall be the application date. The application documents mailed by the applicant shall be postmarked as the application date. If the postmark date sent on the envelope is unclear, the date received by the agency shall be the date of application.
(4) Examination basis for accepting patent applications
According to the Patent Law, Detailed Rules for the Implementation of the Patent Law and China National Intellectual Property Administration's Notice on Printing and Distributing the Provisions on the Administration of Patent Agencies in China National Intellectual Property Administration (No.3 [2001] of the State Council Office).
Second, the approval of patent fees slowed down.
Entrusted by China National Intellectual Property Administration, Tianjin Agency of China National Intellectual Property Administration Patent Office approved the reduction and exemption of some patent fees on behalf of China National Intellectual Property Administration.
(A), slow down the types of patent fees
1. Application fee (printing fee and surcharge will not be reduced);
2. Maintenance fee for application for patent for invention
3. Examination fee for application for patent for invention
4. Review costs
5. Annual fee (annual fee for three years from the year when the patent right is granted)
(B), the proportion of patent fees slowed down
1. The maximum proportion of individuals requesting a mitigated punishment shall not exceed 85%.
2. The proportion of units applying for mitigation shall not exceed 70%.
3. The proportion of more than two (including two) individuals or * * * individuals and units filing patent applications shall not exceed 70%.
4. Where two or more units * * * have a patent application fee, it shall not be postponed.
5. The reduction ratio of maintenance fee and reexamination fee for invention patent applications is 60% for service inventions and 80% for non-service inventions.
(3), patent fee request mitigation procedures
1. Where the applicant requests fee reduction, he shall truthfully fill in the request for patent application fee reduction, and attach supporting documents when necessary.
2. Where an individual applies for a patent, his annual income shall be stated in the request for fee reduction.
3. Where two or more individuals apply for a patent, the annual income of each person shall be stated in the request for fee reduction, and if necessary, proof of annual income may be required.
4. Where the request for service invention is slowed down, in addition to the request for slowing down the patent application fee, it shall be accompanied by the certificate of the superior competent department. The superior competent department refers to the administrative competent department. If the superior administrative department of the unit is not clear, the local provincial (city) patent management authority may issue a certificate. The units directly under the state ministries and commissions may issue certificates by the Science and Technology Department of the Ministry and the Patent Management Office of the commission and bureau. Colleges and universities can be certified by the Patent Administration Office of the national ministries and commissions, the local provincial (city) education commission or the provincial (city) patent administration bureau.
5. The certificate issued by the competent department at a higher level shall indicate that the unit requesting mitigation is an enterprise, institution, organ or organization; If it is an enterprise, it should explain the profit and loss situation; If it is not an enterprise, it shall explain its economic difficulties.
6. At the same time of filing a patent application, you can request the agency to postpone the above five fees. After filing a patent application, you can only directly request China National Intellectual Property Administration to reduce the unexpired fees except the application fee, but the request should be submitted at least two and a half months before the expiration of the relevant fee period.
(four), patent fee request to slow down the examination and approval.
1. The requester in the request for fee reduction shall be consistent with the requester in the request for patent application, and shall be signed by the parties concerned, otherwise it shall not be approved.
2. The request for patent fee reduction and exemption shall come into effect after being examined and approved by the patent agency. If the request for fee reduction does not meet the requirements or relevant certificates are not provided, it shall be deemed that no request has been made.
3. If the patent fee waiver request is not approved, it shall, after receiving the notice from the patent agency, pay or make up the fee according to the specified amount within the time limit stipulated in the Patent Law and its detailed rules for implementation. After asking for approval, if China National Intellectual Property Administration finds the problem again, it may require the applicant to issue a certificate and make a new approval decision according to the situation.
4. The applicant or the patentee shall pay the late payment fee after his invention and creation has obtained economic benefits or other economic income.
(five), the basis for examination and approval of patent fees to slow down
According to the Patent Law, the Detailed Rules for the Implementation of the Patent Law, the Notice of China National Intellectual Property Administration on Printing and Distributing the Provisions on the Administration of Patent Agencies in China National Intellectual Property Administration (No.3 of the State Council Office [200/KLOC-0]) and Announcement No.75 of China National Intellectual Property Administration,
Three. Matters concerning the collection of patent fees
Entrusted by China National Intellectual Property Administration, Tianjin Agency of China National Intellectual Property Administration Patent Office collects some patent fees on behalf of China National Intellectual Property Administration.
(a), the object of collection of patent fees
1. Collect the patent fees involved represented by the applicant (patentee) or agency.
2. No foreign-related patents or patent fees involving PCT patents shall be charged.
Patent fees for foreign-related patents refer to the fees related to patent applications by non-China citizens and legal persons from Hong Kong, Macao and Taiwan.
(2) Types of patent fees charged:
1. Class III patent application fee (including printing fee for invention patent application);
2. Patent application surcharge (specification surcharge, claim surcharge);
3. The substantive examination fee for the invention patent request;
4. Patent registration fee (including stamp duty);
5. Annual fees for three kinds of patents;
6. Late fees for annual fees for three types of patents;
7. Patent restoration right request fee;
If the substantive examination fee and the application fee of the invention patent request are paid at the same time, and the patent restoration right request fee and the application fee or annual fee are paid at the same time, the agency may collect them; As an intermediate fee paid separately, the agency will not charge it.
(3) Procedures for collecting patent fees
Collect patent fees paid by individuals or remitted by banks and post offices.
The date of patent payment is determined according to the Patent Law, the detailed rules for the implementation of the Patent Law and relevant regulations.
1. If the patent fee is paid in person, the day of face-to-face payment is the payment date, and the payment list filled out by the payer is the accounting voucher.
2. If payment is made by bank remittance, the remittance date shall be the payment date, and the bank remittance slip and remittance list shall be used as accounting vouchers. If the necessary payment information (patent application number and fee type) is missing from the bank remittance, the payment date shall be the date when the agency receives the correct payment information.
3. If the payment is made by post office remittance, the remittance date shall be the payment date, and the copy of the post office remittance slip copied by the agency shall be used as the accounting voucher. If the postal remittance slip lacks the necessary payment information (patent application number and fee type), it will be refunded directly, and the original remittance date will not be retained after the refund. If the remitter fills in the information on the refund form and sends it again, the postmark date of the second remittance form shall be the payment date.
(4) Procedures for collecting patent fees
1. The applicant should fill in the payment information according to the contents of the payment list.
2. After collecting fees according to the payment information provided by the payer, print the receipt in quadruplicate using the computer charging system provided by China National Intellectual Property Administration Patent Office.
3. The payer checks the printed payment receipt and payment.
4. The second contact is delivered or sent to the payer.
5. The next day, send the first copy and the third copy of the payment receipt to the toll office of China National Intellectual Property Administration Patent Office, and fax the payment information to the toll office of China National Intellectual Property Administration Patent Office. The fourth part is combined with accounting vouchers.
(5) Patent fees and standards
Patent fees and standards, in accordance with the China National Intellectual Property Administration announcement (No.seventy-fifth).
Four, patent fees and standards
China National Intellectual Property Administration Proclamation (No.75)
According to the provisions of the Patent Law of People's Republic of China (PRC) and the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), fees shall be paid for applying for a patent and handling relevant formalities in China National Intellectual Property Administration. According to the Notice of the State Planning Commission and the Ministry of Finance on Adjusting Patent Fees (JJ [2000] No.2441) issued by the State Planning Commission and the Ministry of Finance on February 29, 2000, the adjusted patent fees and related matters are hereby announced as follows:
I. Patent charging items and standards (unit: RMB)
Internal division
(1) Application fee
1. Invention patent
900
Printing cost
50
2. Patent for utility model
500
3. Design patents
500
(two) the annual maintenance fee for the application for a patent for invention.
300
(3) Examination fee for application for patent for invention
2500
(4) Examination fee
1. Invention patent
1000
2. Patent for utility model
300
3. Design patents
300
(5) Describe the project change fee.
1. Changes of inventors, applicants and patentees
200
2. Changes in the entrustment relationship between patent agencies and agents
50
(6) Priority claim fee for each project
80
(seven) the right to recover the claim fee
1000
(8) Cost of cancellation request
1. Invention patent right
30
2. Patent right of utility model
20
3. Patent right of design
20
(nine) the request fee for invalidation
1. Invention patent right
3000
2. Patent right of utility model
1500
3. Patent right of design
1500
(10) Compulsory license request fee
1. Invention patent
300
2. Patent for utility model
200
(eleven) compulsory license request fee.
300
(12) Patent registration, printing and printing expenses
1. Invention patent
255
2. Patent for utility model
205
3. Design patents
205
(XIII) Surcharge
1. First monthly extension request fee
300
The monthly fee for requesting a further extension of the term.
2000
2. The claim surcharge is increased from 1 1.
150
3. The manual surcharge will be increased every page from 3 1 page.
50
Increase the income per page from 30 1 page.
100
(14) Annual fee
1. Invention patent
1-3 years
900
4-6 years
1200
7-9 years
2000
10- 12 years
4000
13- 15
6000
16-20 years
8000
2. utility model
1-3 years
600
4-5 years
900
6 to 8 years
1200
9- 10 year
2000
3. Design patents
1-3 years
600
4-5 years
900
6 to 8 years
1200
9- 10 year
2000
PCT application international phase part
(1) transmission fee
500
(2) Search fee
1500
Additional search fee
1500
(3) Transfer fee for priority documents
150
(4) preliminary examination fee
1500
Preliminary inspection surcharge
1500
(5) Individual objection fee
200
(six) copy fee per page
2
(7) Basic expenses
1. The international application documents shall not exceed 30 pages.
3023
2. The international application papers exceed 30 pages.
3023
Plus more than 30 pages per page
70
(8) Designated fees
Every operation (no longer need to pay the operation fee for more than 8 operations)
65 1
(9) Confirmation of designated expenses.
Each name
65 1
(10) confirmation fee
50% of the total amount of designated fees paid according to item 9 above.
(1 1) handling fee
1083
(12) late payment fee
According to 50% of the fees payable, if it is lower than the delivery fee, it will be charged according to the delivery fee; Higher than the basic fee, according to the basic fee.
Note: Item 7- 12 is the fee charged by China National Intellectual Property Administration on behalf of the International Bureau of the World Intellectual Property Organization, and the charging standard is converted according to the foreign exchange quotation published by the State Administration of Foreign Exchange on February 1 2000. In the future, when the exchange rate changes, China National Intellectual Property Administration will make adjustments according to the exchange rate changes.
PCT application entered the national phase in China.
(1) grace period fee
1000
(2) Translation revision fee (preliminary examination stage)
300
(3) Translation revision fee (actual trial stage)
1200
(4) Uniqueness restoration fee
900
(five) the request fee for correcting the priority claim
300
Note: Other expenses for entering the domestic stage are subject to domestic standards.
Two, after the adjustment of patent fees, continue to delay the fees for service inventions (units) and non-service inventions (individuals) that are indeed difficult. The mitigation items are still five items: application fee, invention maintenance fee, invention examination fee, reexamination fee and annual fee for three years after authorization. The specific conditions for the implementation of disaster reduction shall be implemented in accordance with the relevant provisions formulated by China National Intellectual Property Administration.
3. The application fee, the invention examination fee and the annual fee for three years after authorization are adjusted from 60% to 70% for service inventions and from 80% to 85% for non-service inventions. The reduction ratio of invention maintenance fee and reexamination fee is still implemented according to the current regulations, that is, the service invention is reduced by 60% and the non-service invention is reduced by 80%.
Four, patent fees into the central budget, the implementation of two lines of revenue and expenditure management, that is, the income turned over to the central treasury.
This announcement shall be implemented as of March 1 2006. The relevant patent fees paid before the announcement date of that year are still settled according to the standard before adjustment.
200 1 year 1 month15th.