How long is the payment period of the patent application fee?

How long is the payment period of the patent application fee? An invention-creation must be patented by the applicant to the competent government department (in China, People's Republic of China (PRC) and China National Intellectual Property Administration at present), and the patent right can only be obtained after being examined and approved by People's Republic of China (PRC) and China National Intellectual Property Administration according to legal procedures. In China, there are currently three types of inventions, namely, inventions, utility models and designs. In the application stage, they are called application for invention patent, application for utility model patent and application for design patent respectively. After being authorized, they are called invention patent, utility model patent and design patent respectively. At this point, the applicant is the patentee of the corresponding patent. So how long is the payment period of the patent fee? Bian Xiao Intellectual Property Network collates relevant knowledge for you, hoping to help you.

Time limit for payment of patent fees

1. The time limit for paying the patent application fee is two months from the date of filing. The expenses that need to be paid at the same time include the priority claim fee (claiming priority), the application surcharge and the publishing and printing fee of the invention patent application.

(1) The fee for claiming priority refers to the fee that the applicant needs to pay when claiming foreign priority or domestic priority, and the amount of this fee is calculated according to the number of items in the previous application as the basis of priority.

(2) The application surcharge refers to the fee that needs to be paid when the pages of the instructions (including the attached drawings) of the application documents exceed 30 pages or the claims exceed 10 pages, and the amount of the fee is calculated according to the number of pages or items.

(3) Publication printing fee refers to the fee paid for publishing an application for a patent for invention.

If the application fee (including publication printing fee and application surcharge) is not paid within the prescribed time limit, the application shall be deemed to be withdrawn. Failure to pay or pay the priority claim fee within the prescribed time limit shall be deemed as failure to claim priority.

Two, the time limit for the payment of the substantive examination fee is three years from the date of application (if there is a priority requirement, it will be calculated from the earliest priority date). This fee is only applicable to invention patent applications.

Three, the extension of the payment period of the request fee is before the expiration of the original period. The fee is calculated based on the length of the requested extension period (in months).

4. The payment period of the claim fee for restoration of rights shall be within two months from the date when the party concerned receives the notice of loss of rights confirmed by the Patent Office (the party concerned requests according to paragraph 2 of Article 7 of the Detailed Rules for the Implementation of the Patent Law), or within two months from the date when the obstacle is removed, but at the latest within two years from the date when the corresponding period expires (the party concerned requests according to paragraph 1 of Article 7 of the Detailed Rules for the Implementation of the Patent Law).

Five, the review fee shall be paid within three months from the date when the applicant receives the rejection decision made by the Patent Office.

6. Patent registration fee, annual fee for authorization, application maintenance fee for each year except the year when the patent right is granted (the application maintenance fee is paid from the third year before the invention patent right is granted), and notice printing fee shall be paid within two months from the date when the applicant receives the notice of granting the patent right and goes through the registration formalities with the Patent Office.

The above is about how long is the payment period of the patent application fee? If you have any other questions, please feel free to consult our professional consultants, who will provide you with professional answers.