Analysis:
The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application.
XI。 Term of patent protection: the utility model patent is 10 year, counting from the date of application. After authorization, the annual fee shall be paid to the State Patent Office every year, and the payment time shall be within one month of the annual application. See the description on the right side of the patent certificate for details.
Instructions to applicants for invention patents
:: Consultation:
* write technical disclosure.
* China patent retrieval, pay the retrieval fee first. Target: 1. Initially confirm the novelty of the application content in China patent; 2, to prevent infringement of others' patent rights in China. Operation: Search for China patents (i.e. patents in China and patents that foreigners apply for and publish or announce in China). Search fees and translation fees are charged respectively for searching foreign language patents. The invention patent is not guaranteed to be granted after retrieval, mainly to find the existing technical documents similar to the invention.
* Agent. General agent: basic agency fee is charged. Expedited agency: 40% of the basic agency fee is charged. According to the original materials provided by the applicant, the agent fills in the application documents that meet the requirements of, <, < Review Guide >.
* Acceptance: The State Patent Office will send back a "Notice of Acceptance" after receiving the application documents mailed or submitted. The applicant shall pay the application fee (full 950 yuan fee) to the Chinese Patent Office when receiving the Notice of Acceptance or within two months from the date of application. If it's slow, I'll pay according to the slow rate and pay the handling fee I charged. Failing to pay within the time limit shall be deemed to have withdrawn the patent application.
* Preliminary examination: The State Patent Office conducts a preliminary examination of the submitted application documents. The applicant shall pay the examination fee to the Patent Office when receiving the Notice of Qualified Preliminary Examination or within 3 years from the date of application. The examination fee is 2500 yuan. If the applicant enjoys a mitigated treatment, it shall be paid according to the mitigated proportion. At the same time, the handling fee I received was 150 yuan. Paying this review fee early can enter the review process early. If the examination fee is not paid within the time limit, the patent application shall be deemed to have been withdrawn.
* substantive examination: the examiner thinks that there is something wrong with the novelty, creativity or practicality of the patent application (that is, the three characteristics of the patent), and sends us the first notice of examination opinions, requiring the applicant to reply. If the applicant defends himself, he needs to go to our office to go through the formalities of canceling the entrustment. If the applicant entrusts me to defend, I will charge a defense fee not higher than the basic agency fee (writing a defense). If the first defense fails, the defense fee will still be charged for the second defense, but the fee will gradually decrease, and there is a time limit for each defense. Failure to reply at the expiration of the time limit shall be deemed as withdrawal of the patent application.
* Go through the registration formalities: If there are no problems with the three characteristics of the patent application or the defense is qualified, the State Patent Office will issue it at this time, and the applicant should pay the patent registration fee, the annual fee for the authorization year and the unpaid maintenance fee. The payment period is within two months from the date of receiving the authorization notice from the Patent Office. If the patent expires, it shall be deemed as giving up the patent right.
* Rights restoration: If the above rights are lost, if it is necessary to restore the rights, in addition to going through the procedures for rights restoration and paying the fees owed, a request fee for rights restoration should be paid to the State Patent Office: 1 000 yuan.
* Review: If you are not satisfied with the decision made by the Patent Office to reject the patent application or not to grant the patent right, you can also request a review from the China National Intellectual Property Administration Reexamination Board.
* deferment: the application fee, examination fee and annual fee paid to the State Patent Office three years before the authorization (including the maintenance fee payable from the third year before the invention patent application is granted), one applicant deferment 85%, two or more applicants (including two) or 70% applicants who apply for one unit, but not two units.
* Other expenses: I pay the patent fee and charge 50 yuan RMB for each piece. I don't charge the fees paid by the applicant. I am not responsible for the loss of rights caused by the applicant's improper payment.
Suggestion: There is a strict time limit for paying fees or going through relevant procedures in the State Patent Office. Exceeding the time limit will bring you losses. Therefore, during the validity of your patent application and patent right, if there is any change in your telephone number or mailing address, please inform our bureau in time to avoid unnecessary losses.
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Instructions to applicants for utility model patents
To apply for a patent for utility model, I generally have to go through the following procedures.
I consultations:
Second, write technical disclosure:
Three, China patent search: pay the search fee first. Target: 1. Initially confirm the novelty of China's patent application; 2, to prevent infringement of others' patent rights in China. Operation: Search for China patents (i.e. patents in China and patents that foreigners apply for and publish or announce in China). Search fees and translation fees are charged respectively for searching foreign language patents. After the patent search in China, if I agree to accept the entrustment, I can guarantee that the application will be granted the patent right, otherwise I will refund all the agency fees.
4. Agent: general agent: charge the basic agent fee; Expedited agency: 40% of the basic agency fee is charged. According to the original materials provided by the applicant, the agent fills in the application documents that meet the requirements of, <, < Review Guide >.
Verb (abbreviation of verb) accept: The State Patent Office will send back a "notice of acceptance" after receiving the application documents sent by post or submitted. The applicant shall pay the application fee (full 500 yuan fee) to the Chinese Patent Office when receiving the Notice of Acceptance or within two months from the date of application. If you apply for speed reduction, you will pay according to the speed reduction ratio, and at the same time pay the handling fee charged by me. Failing to pay within the time limit shall be deemed to have withdrawn the patent application.
6. Registration procedures: About one year from the date of application, the State Patent Office will send a letter at this time, and the applicant shall pay the patent registration fee and the annual fee for the current year to the State Patent Office. The payment period is within two months from the date of receiving the authorization notice from the Patent Office, and the patent certificate issued by the State Patent Office is received about three months after payment. Late payment of patent fees shall be deemed as waiver of patent rights.
Seven. Rights restoration: If the above rights are lost, if the rights need to be restored, in addition to going through the procedures for rights restoration and paying the fees owed, the request fee for rights restoration shall be paid to the State Patent Office: 1 000 yuan.
Eight. Re-examination: If you are not satisfied with the decision made by the Patent Office to reject the patent application or not to grant the patent right, you can also request a re-examination from the China National Intellectual Property Administration Reexamination Board.
9. Fee reduction and exemption: the application fee paid to the State Patent Office and the annual fee for the first three years of authorization are reduced by 85% for one applicant, 70% for two or more applicants or one unit, and not for two units.
X. Other expenses: 50 yuan (RMB) will be charged for each patent fee paid by me, and we will not charge the fees paid by the applicant. I am not responsible for the loss of rights caused by the applicant's improper payment.
XI。 Term of patent protection: the utility model patent is 10 year, counting from the date of application. After authorization, the annual fee shall be paid to the State Patent Office every year, and the payment time shall be within one month of the annual application. See the description on the right side of the patent certificate for details.
Twelve, apply for a patent for design can refer to this guide.
13. suggestion: there is a strict time limit for paying fees or handling relevant procedures in the state patent office. Exceeding the time limit will bring you losses. Therefore, during the validity of your patent application and patent right, if there is any change in your telephone number or mailing address, please inform our bureau in time to avoid unnecessary losses. Harbin Songhua river patent office