1, determine the type of patent application, there are three types of patents.
2. Submit the application documents. The inventor or the inventor's agent shall, after defining the application type, write the application documents and make them as required, and then submit them to the China Patent Association for examination.
3. The Chinese Patent Office will review and give a conclusion, and after the review, it will tell the applicant whether the patent application is approved.
Application fee:
Invention: Application fee is 950 yuan (including printing fee is 50 yuan).
Utility model: the application fee is 500 yuan.
Design: Application fee 500 yuan.
Specific steps of application:
Entrusting a patent agency to apply for a patent generally goes through the following steps.
I consultations:
1, to determine whether the invention belongs to patentable content; For this consultation, it is recommended to consult several companies and compare them to determine the correct conclusion. Because at present, many information receptionists take commission, sometimes there will be inappropriate reply to the consultation for the business volume.
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Second, sign an agency agreement.
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
Third, technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant. If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Review of intransitive verbs
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination situation.
Eight, go through the formalities of patent registration or reexamination request:
1. If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain the patent certificate.
2, if the patent application is rejected, according to the specific circumstances to determine whether to put forward a request for re-examination.
At this point, the patent application process is over.
In the process of patent application, the following fees are usually paid:
1, application fee:
Invention: Application fee is 950 yuan (including printing fee is 50 yuan).
Utility model: the application fee is 500 yuan.
Design: Application fee 500 yuan.
2. Examination fee
The fee is only paid when applying for a patent for invention, but not when applying for a utility model or design. The examination fee for invention application is 2500 yuan.
3. Patent registration fee
After receiving the patent authorization notice and registration notice, the applicant needs to pay the patent registration fee and the announcement printing fee.
Invention: 250 yuan+Indian tax 5 yuan.
Utility model: 200 yuan+Indian tax 5 yuan.
Design: 200 yuan+printing tax 5 yuan
4. Annual fee
During the validity of the patent, if you want to protect your rights, you must pay an annual fee to China National Intellectual Property Administration. The specific costs are as follows:
Invention:
Third year1-900 yuan/year.
4th-6th year 1200 yuan/year
7-9 years old: 2,000 yuan/year
10-124,000 yuan/year
13- 15 6000 yuan/year
20th year16-8,000 yuan/year
If the annual fee is overdue (within 6 months), the overdue fine will be collected every month.
Utility model:
65438 +0 years and 3 years 600 yuan/year
Year 4-Year 5 900 yuan/year
6-8 years 1200 yuan/year
Year 9- year 10 2000 yuan/year
If the annual fee is overdue (within 6 months), the overdue fine will be collected every month.
Design patent:
65438 +0 years and 3 years 600 yuan/year
Year 4-Year 5 900 yuan/year
6-8 years 1200 yuan/year
Year 9- year 10 2000 yuan/year
If the annual fee is overdue (within 6 months), the overdue fine will be collected every month.
Legal basis:
Detailed rules for the implementation of patent law
Article 93 When applying for a patent and going through other formalities with the patent administration department of the State Council, the following fees shall be paid:
(1) Application fee, application surcharge, publication and printing fee and priority claim fee;
(2) Examination fee and reexamination fee for an application for a patent for invention;
(3) Patent registration fee, announcement printing fee and annual fee;
(four) the right to recover the claim fee and the extension of the claim fee;
(five) the specification change fee, the patent evaluation report request fee and the request fee for invalidation.
The payment standards of the fees listed in the preceding paragraph shall be stipulated by the price management department of the State Council and the financial department in conjunction with the patent administration department of the State Council.
Article 94 The fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the patent administration department in the State Council, or through the post office, bank or other means stipulated by the patent administration department in the State Council.
If remittance is made by post office or bank, the correct application number or patent number and the name of the fee paid shall be indicated on the remittance slip sent to the patent administration department in the State Council. If it does not conform to the provisions of this paragraph, it shall be deemed that it has not gone through the payment formalities.
If the fee is paid directly to the patent administrative department of the State Council, the payment date shall be the payment date; If payment is made by post office remittance, the postmark date of post office remittance shall be the payment date; If payment is made by bank remittance, the actual remittance date of the bank shall be the payment date.
If the patent fee is overpaid, re-paid or wrongly paid, the party concerned may, within 3 years from the date of payment, request a refund from the patent administration department in the State Council, and the patent administration department in the State Council shall refund it.