Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. It is one of the three patent types (invention, utility model and design). .
1 Fee: Application fee
The application fee must be paid within two months from the date of application. The fees paid at the same time as the application fee also include the printing fee for the publication of the invention patent application and the application surcharge. If priority is requested, the priority claim fee should be paid at the same time. If payment is not made or paid in full within the prescribed time limit, the patent application will be deemed to have been withdrawn.
When the description (including drawings) exceeds 30 pages or the claims exceed 10, an application surcharge is required, and the amount is calculated based on the number of excess pages or claims.
The amount of the priority claim fee is calculated based on the number of items claiming priority. If payment is not made or paid in full within the prescribed time limit, it will be deemed that priority has not been claimed.
2 Substantive examination fee
If the applicant requests a substantive examination, he shall submit a request for substantive examination and pay the substantive examination fee. The payment deadline for the substantive examination fee is three years from the filing date (or the earliest priority date if there is a priority claim). If payment is not made or paid in full within the prescribed time limit, the patent application will be deemed to have been withdrawn.
3 Process:
Application stage
Utility model application documents should include: utility model patent request, description, description drawings, claims, Abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
4 Examination Stage
China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
5 Authorization Stages
(1) Authorization: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.
Invention patent application process
According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination stage, publication, substantive examination and authorization.
Utility model and design applications do not undergo early publication and substantive examination, and only have three stages.
Acceptance stage
After receiving the patent application, the Patent Office will review it. If it meets the acceptance conditions, the Patent Office will determine the application date, give the application number, and verify the document list before issuing Notify the applicant of the acceptance letter. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing If the name and address of the applicant are unknown; or if the patent application category is unclear or cannot be determined, and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency, they will not be accepted.
Preliminary examination stage
If an accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures.
During the preliminary examination, the application shall be examined for obvious defects, mainly including whether the content of the examination falls within the scope of the Patent Law that does not grant patent rights, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether it lacks unity, and whether the application documents are complete. and whether the format meets the requirements. If you are a foreign applicant, you will also need to undergo a qualification review and application procedures review. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and design patent applications, in addition to the above review, it is also necessary to review whether they are obviously the same as existing patents and are not a new technical solution or new design. If no reason for rejection is found after the preliminary examination. Will go directly to the authorization order.
Publication stage
The invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it must wait until 15 months from the filing date. Enter the public preparation process. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette about three months later and a separate specification will be published. After the application is published, the applicant obtains the right to temporary protection.
Substantial examination stage
After the invention patent application is published, if the applicant has submitted a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure. If an invention patent application has not submitted a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the authorization conditions are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn. The application still does not meet the requirements after multiple replies. , be dismissed. If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
Authorization stage
If no reason for rejection is found after preliminary examination of utility model and design patent applications and substantive examination of invention patent applications, the examiner will issue an authorization notice and the application will be entered into authorization registration. After preparation, after reviewing the legal validity and completeness of the authorization text, and proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formalities notice. After receiving the notice, the applicant shall within 2 days Complete the registration procedures and pay the prescribed fees in accordance with the requirements of the notice within 2 months. If the registration procedures are completed on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and publish it in the Patent Gazette 2 months later. According to the announcement, failure to complete the registration procedures as required will be deemed to have given up the right to obtain patent rights.
Fees of patent application
1. When applying for a patent agency, the applicant needs to pay agency fees and official fees.
2. The amount of the agency fee shall be determined by the applicant and the agency after negotiation based on the difficulty and workload of the technical field to which the application belongs.
3. Official fees are fees paid to the State Intellectual Property Office. It usually includes: the first official fee includes: invention patent application fee of 950 yuan (including 50 yuan for printing fee); utility model patent application fee of 500 yuan; design patent application fee of 500 yuan; invention application review fee of 2,500 yuan. In addition, the registration fee for authorization of invention patent is 255 yuan, and the registration fee for authorization of utility model or design patent is 205 yuan.
4. To obtain and maintain a patent, the applicant also needs to pay patent annual fees and other fees to the Patent Office within a few years after application.
5. If a patent applicant or patentee meets one of the following conditions, he or she may request a reduction in part of the patent fees from the State Intellectual Property Office: a. The average monthly income in the previous year was less than 3,500 yuan (10,000 yuan per year). RMB) individuals; b. Enterprises whose taxable income in the previous year was less than RMB 300,000; c. Public institutions, social groups, and non-profit scientific research institutions.
If two or more individuals or units are applicants for the same patent or patent holders, they shall comply with the aforementioned provisions respectively.
Patent applicants or patentees may request a reduction in the following patent fees: application fees (excluding publication and printing fees, application surcharges), invention patent application substantive examination fees, six months from the year when the patent right is granted. Annual fee and review fee. If the patent applicant or patentee is an individual or a single unit, the above fees shall be reduced by 85%. If two or more individuals or units are the same patent applicants or patent holders, they shall pay a reduction of 70% of the above fees.