The toll collection office prepares a monthly report according to the data of the receiving institution and informs the institution by fax.
(2) Remittance
After receiving the monthly statement, the agency should check with the data transferred out in the corresponding month. After the verification is correct, the amount notified in the monthly statement will be remitted to the charging account in full within one week. The agency shall abide by the provisions of monthly settlement and remittance, and shall not delay remittance without reason.
(3) Re-settlement
After checking, if the agency finds that the contents of the monthly statement are wrong, it shall immediately notify the toll collection office by fax. The toll office should send the correct monthly statement to the agency within three days, and the agency will remit the money to the toll office within one week after receiving the monthly statement.
Patent fees generate interest.
According to the relevant documents of the Ministry of Finance and China National Intellectual Property Administration, the interest generated from patent fees should be turned over to the state finance in full. The interest generated by the funds in the independent account of the agency shall be turned over to China National Intellectual Property Administration (collected by the toll collection office), and a written explanation shall be attached when it is turned over, briefly describing the reasons for the interest.
(5) Daily and monthly reports of patent fees.
Submit the following three statements together with receipts to the toll collection office every day:
1. Daily Report
2. Summary table 1
3. Summary Table 2
Submit the following three statements to the charge office in the first working week of each month:
1. Account Balance Table
2. List of fees payable to this Council
3. Balance sheet
Patent fee collection procedures:
(a) the way to collect patent fees
The agency can receive the patent fees remitted by banks and post offices or paid by the agency in person.
(2) Determination of patent payment date
The date of patent payment shall be determined according to the Patent Law, the detailed rules for the implementation of the Patent Law and the relevant provisions.
When payment is made by bank remittance, the bank remittance slip lacks the necessary payment information (application number and fee type), and the payment date should be the day when the agency receives the correct payment information.
When payment is made by post office remittance, the agency can directly refund the patent remittance (including the wrong or incomplete application number) that is not indicated on the post office remittance slip, 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 to the agency again, the postmark date of the second mailing of the money order shall be the payment date.
(3) Accounting of patent fees
The patent fees charged by the agency shall be accounted for through the computer charging system provided by China National Intellectual Property Administration Patent Office (hereinafter referred to as the charging system). Daily interview, post office and bank account books should be established; If necessary, you can create correction volume, transfer volume and month-end special voucher volume. In use, the system should strictly abide by the provisions of the Patent Charging System Operation Manual or related instructions.
The agency shall pay the patent fee on the same day; Patent fees remitted by banks and post offices shall be recorded in the journal if the payment information is complete, and in principle shall not exceed the next day (except holidays and legal rest days).
When paying the patent fee in person, the payer shall be required to verify the accounting data in person. If you find data errors, you should immediately modify the relevant data in the computer and reprint the receipt. Receipts containing incorrect information should be withdrawn by the institution and invalidated. After the face-to-face payment on the same day, the face-to-face payment data audit sheet should be output, and the data in the audit sheet and the receipt number should be checked according to the payment voucher. When data errors are found, the relevant data in the computer should be modified immediately. After modification, the data will be reviewed by a reviewer (not the same person who collected the data). If necessary, the payer shall be notified to change the receipt.
After the remittance is recorded in the bank or post office, the data check sheet should be output daily according to the number of volumes, and the data in the check sheet should be checked according to the payment voucher. If data errors are found, the relevant data in the computer should be revised immediately, and the revised data can be approved by the batch print charge receipt. When you need to change the receipt number after printing, you can use the special voucher maintenance function or related instructions to modify the receipt number.
(4) Handling of patent fee receipt
The first copy of the receipt (brown) should be sorted out after accounting and sent to the toll collection office.
The second copy of the receipt (in black) shall be submitted or sent to the payer after accounting. When sending the receipt, you should use registered mail and record the date of sending the letter for reference.
The third copy of the receipt (in red) is sent to the billing office according to the receipt number after accounting.
The fourth copy of the receipt (blue) is bound together with the accounting voucher after accounting treatment, and bound into a book in order for financial inspection or audit.
(5) Payment voucher
When the payer pays the patent fee face to face through the agency, he shall fill in the payment list carefully in accordance with the regulations, and take the payment list as the accounting voucher.
When remittance is made through the bank, the bank remittance slip and remittance list are used as accounting vouchers.
When remittance is made through the post office, the copy of the post office remittance slip (copy the front and back of the remittance slip if necessary) made by the agency shall be used as the accounting voucher.
Management and use of patent charging system of agency
(A) the management of the charging system
The software and hardware of the toll collection system are provided by China National Intellectual Property Administration, which is responsible for its use and management. The person in charge of the institution is responsible for the safe and correct use of the charging system. The charging system should be operated by the staff of the agency, who should have a computer professional degree (or similar professional degree).
(B) the scope of work of the charging system
The charging system is only used for patent charging of the agency, and shall not be used in other work areas, and shall not provide charging data and charging system software to any unit or individual outside the agency.
(3) Data backup and system recovery
The agent shall back up the charging data of the charging system every day and keep the backup data properly. When the system crashes, the operator shall immediately notify the toll collection office, and the system operator of the agency will reinstall the system according to the guidance of the recovery manual, and the agency will use the local backup data disk to recover the charging data. The recovery process shall be recorded in writing and submitted to the general office of the preliminary examination and process management department in the form of a written report.
(4) Software maintenance and update of toll collection system
The maintenance and update of the software of agency charging system are arranged by China National Intellectual Property Administration Patent Office.
supplementary terms
(a) the agency shall set up an independent bank account, account number, and shall not entrust the financial department of the local patent management authority to escrow. Independent accounts can only charge patent fees, and the expenditure direction of funds in the account is the Patent Office.
(2) Patent charging shall be carried out by the staff of the agency holding the employment certificate. The staff have the obligation to keep the patent fee data confidential, and the leaker shall bear the corresponding legal responsibility and impose a fine of less than 20,000 yuan on the agency.
(3) The standards and types of patent fees must be strictly implemented in accordance with the provisions of the China National Intellectual Property Administration Patent Office, and no fees shall be charged beyond the scope, and no handling fee shall be charged in the process of patent fees. The patent fees collected shall be paid in full and on schedule, and shall not be misappropriated or detained without authorization. Those who misappropriate or detain patent fees without authorization shall be fined 20% of the expenses of the institution in the current year.
(4) When the preliminary examination and process management department need to correct the data due to the agency's work mistakes, the agency will fine 6 yuan for each correction of the application number data.
(5) If the agency delays the transmission of patent fee data without reason or fails to send the receipt within the specified time, the agency will be fined RMB 200 yuan for each day of delay.
(six) the agency shall abide by the relevant laws and regulations formulated by the state and China National Intellectual Property Administration, and administer according to law. Without approval, the work functions of this institution shall not be stopped or changed without authorization. In case of serious violation of these regulations, China National Intellectual Property Administration will order it to suspend business for rectification until the patent charging function is revoked.