The application fee shall be paid within two months from the date of application. The fees paid at the same time as the application fee also include the publication and printing fee of the application for a patent for invention and the application surcharge. Where the priority is claimed, the priority claim fee shall be paid at the same time. If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
When the number of pages in the description (including drawings) exceeds 30 pages or the number of claims exceeds 10, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.
The amount of priority claim fee is calculated according to the number of items claiming priority. Failing to pay or pay in full within the prescribed time limit shall be deemed as not claiming priority.
2. Substantive examination fee for an application for a patent for invention
Where the applicant requests substantive examination, it shall submit a request for substantive examination and pay the substantive examination fee. The time limit for paying the substantive examination fee is three years from the date of application (if there is a priority requirement, from the earliest priority date). If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
3. The patent fee decreased
If it is really difficult for the applicant or the patentee to pay the patent fee, he may request a postponement. There are five kinds of fees that can be reduced or exempted: application fee (printing fee and surcharge are not reduced), examination fee for invention patent application, reexamination fee, maintenance fee for invention patent application, and annual fee for three years from the year when the patent right is granted. Other expenses will not be delayed. Where a patent fee is requested to be reduced or exempted, it shall submit a request for fee reduction and exemption, truthfully fill in the economic income status, and attach relevant supporting documents when necessary.
(1) acceptance stage
After receiving the patent application, the Patent Office will examine it.
Patent application procedure
Patent application procedure
If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the patent application category is unclear or uncertain, and the patent application sent directly by foreign units and individuals without foreign-related patent agencies will not be accepted.
(2) Preliminary review stage
If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization instruction.
(3) Publishing stage
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection.
(4) substantive examination stage
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. If the applicant fails to make a request for real trial within three years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn.
In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application.
If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.
(5) authorization stage
If the application for a patent for utility model or design is not found to be rejected after preliminary examination, and the application for a patent for invention has been substantially examined, the examiner will make a notice of authorization and apply for authorization to register. The Patent Office examines the legal effect and completeness of the authorized text, proofreads and modifies the description items of the patent application, and then issues a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right.
(6) Review stage
Patent reexamination procedure is a kind of remedy for the applicant when the patent application is rejected. According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Cases requesting re-examination include cases requesting patent re-examination because they refuse to accept the decision to reject the patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection.
(7) the patent is invalid
Patent invalidation is one of the most widely used patent laws and regulations in enterprises and units (it should be second only to patent application). Patent invalidation has become a necessary means and skill in patent litigation.
Reference article:/sub view/162410/162410.htm.