Do I have to pay an annual fee before applying for an invention patent?
Invention patent is one of the three recognized patents in China. The examination of invention patents is relatively strict, and it needs to go through two stages: preliminary examination and substantive examination, and authorization will only be granted after passing the substantive examination. Then, do you need to pay an annual fee to apply for an invention patent? Do I have to pay an annual fee before applying for an invention patent? According to the provisions of China's patent law, patents need to be authorized to pay annual fees, while invention patents will only be authorized after substantive examination, so there is no need to pay annual fees at the substantive examination stage. Article 39 of the Patent Law of People's Republic of China (PRC) Where an application for a patent for invention is rejected after substantive examination, the patent administration department of the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement. Article 43 The patentee shall pay the annual fee from the year when the patent right is granted. Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council. The annual patent fee has nothing to do with the value of the invention itself, but with the type of patent and the year when the annual patent fee is paid. Among the three kinds of patents, the annual fee of invention patent is the highest, and the annual fee of utility model patent and design patent is the same. For example, the annual fee for the invention patent in the eighth year is 2000 yuan, while the annual fee for the utility model and design patent in the same period is 1200 yuan. For the same kind of patent right, the amount of annual fee payable is the same, and the amount of annual fee increases with the continuation of protection time, and a progressive system is implemented. For example, the annual fee for utility model and design patent is 2000 yuan in 600 yuan from the first year to the third year, 900 yuan from the fourth year to the fifth year, 1.200 yuan from the sixth year to the eighth year, and 2000 yuan from the ninth year to the tenth year. The amount of annual fee shall be determined according to the year when the patent right is granted. For example, if the application date of a utility model patent is March 1 day, 2000 and the authorization date is May 1 day, then the annual fee for the second year should be paid when the patent right is granted, not the annual fee for the first year. The annual fee for the third year is paid in the following year, and so on. Do I have to pay an annual fee to apply for an invention patent? We are here to answer this question for you. If you have more questions about patent application, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.