Patent application process
1, Filling and Writing of Patent Application Documents
There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
2. Acceptance of patent applications
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions.
3. Payment method of application fee
The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, and can also be remitted by bank or post office, or the registered users of electronic application can log on to China Patent Electronic Application Network and pay the patent fee by using the online payment system. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and shall abbreviate the name of the payer. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. No fees may be charged to the patent office or other departments of the patent office or individual examiners.
4. Time to pay the application fee
Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
5. Patent approval procedures
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.
6. Actively modify and correct the patent application documents.
The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
7. Reply to various notices from the Patent Office
(1) Observe the deadline for reply, and the consequences of late reply are the same as those of no reply. Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can be supplemented or modified according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.
(2) formal or procedural defects can generally be eliminated through revision; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.
(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.
(4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.
8. The patent application is deemed to have been withdrawn and resumed.
If the prescribed procedures are not completed within the time limit, the application shall be deemed to be withdrawn, and the Patent Office shall issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice of deemed withdrawal, request the Patent Office to restore his rights and explain the reasons. Anyone who requests the restoration of rights shall submit the Request for Restoration of Rights, explain the justified reasons for the extension, pay the restoration fee, and complete all the unfinished procedures that should be handled. The procedures for handling formalities and paying fees should generally be completed within the above two months.
9, patent registration procedures
Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.
10. Fees payable for registration procedures
When going through the registration formalities, there is no need to submit any documents, and the applicant only needs to pay the patent registration fee, announcement printing fee, annual fee and authorized annual stamp duty as required.
National charging standards for various patent applications
1. Patent application fee: 900 yuan for invention, 500 yuan for utility model and 500 yuan for design; Patent application printing fee 50 yuan;
2. The examination fee for the application for a patent for invention is 2,500 yuan;
3, invention patent reexamination fee 1000 yuan, utility model patent reexamination fee 300 yuan, design patent reexamination fee 300 yuan;
4.200 yuan, the handling fee for changing the instructions of the inventor, applicant and patentee when applying for various patents; 50 yuan, the handling fee for the change of the specification of the entrustment relationship between the patent agency and the agent;
5. The priority of each patent requires 80 yuan;
6. Patent recovery request fee 1000 yuan;
7. 30 yuan, who requested to revoke the invention patent, and 20 yuan, who requested to revoke the utility model patent; 20 yuan, who requested to revoke the patent right of design;
8. Request fee for invalidation of invention patent is 2000 yuan, request fee for invalidation of utility model patent 1500 yuan, request fee for invalidation of design patent 1500 yuan;
9. Request for compulsory license of invention patent in 200 yuan, and request for compulsory license of utility model patent in 200 yuan;
10, all kinds of patent compulsory license application in 300 yuan;
1 1, 255 yuan for invention patent registration and printing, 205 yuan for utility model patent and 250 yuan for design patent;
12, the request fee for the first extension of each patent is 300 yuan per month, and the request fee for the second extension is 2000 yuan per month; The surcharge for each patent claim is 1 1, and each additional item is increased by 150 yuan; The description of each patent application includes drawings. From 3 1 page, 50 yuan surcharge will be added to each page, and from 30 1 page, the surcharge of 100 yuan will be added to each page.
13, invention patent 1-3 years, annual fee 900 yuan, 4-6 years, annual fee 1200 yuan, 7-9 years, annual fee 2000 yuan,10/2 years, annual fee 4000 yuan and 65400 yuan. 16-20 years, with an annual fee of 8,000 yuan;
The utility model patent is 1-3 years, and the annual fee is 600 yuan, 4-5 years, 900 yuan, 6-8 years, 1200 yuan, 9- 10 years, 2000 yuan.
Design patent 1-3 years, annual fee: 600 yuan, 4-5 years, 900 yuan, 6-8 years, 1200 yuan, 9- 10 years, 2000 yuan.
The above is the relevant knowledge of patent application process and cost. If you want to know more information about trademark registration patent application, you are welcome to consult and provide you with the best service.
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