What are the provisions on the payment period of patent application fee?

Provisions on the payment period of patent application fee: The Patent Examination Guide of China National Intellectual Property Administration has made specific provisions on the payment period of patent application fee, patent substantive examination fee, patent registration fee, patent annual fee and other related patent fees. 1. The time limit for paying the patent application fee is two months from the date of filing. The expenses that need to be paid at the same time include the priority claim fee (claiming priority), the application surcharge and the publishing and printing fee of the invention patent application. (1) The fee for claiming priority refers to the fee that the applicant needs to pay when claiming foreign priority or domestic priority, and the amount of this fee is calculated according to the number of items in the previous application as the basis of priority. (2) The application surcharge refers to the fee that needs to be paid when the pages of the instructions (including the attached drawings) of the application documents exceed 30 pages or the claims exceed 10 pages, and the amount of the fee is calculated according to the number of pages or items. (3) Publication printing fee refers to the fee paid for publishing an application for a patent for invention. If the application fee (including publication printing fee and application surcharge) is not paid within the prescribed time limit, the application shall be deemed to be withdrawn. Failure to pay or pay the priority claim fee within the prescribed time limit shall be deemed as failure to claim priority. Two, the time limit for the payment of the substantive examination fee is three years from the date of application (if there is a priority requirement, it will be calculated from the earliest priority date). This fee is only applicable to invention patent applications. Three, the extension of the payment period of the request fee is before the expiration of the original period. The fee is calculated based on the length of the requested extension period (in months). 4. The payment period of the claim fee for restoration of rights shall be within two months from the date when the party concerned receives the notice of loss of rights confirmed by the Patent Office (the party concerned requests according to paragraph 2 of Article 7 of the Detailed Rules for the Implementation of the Patent Law), or within two months from the date when the obstacle is removed, but at the latest within two years from the date when the corresponding period expires (the party concerned requests according to paragraph 1 of Article 7 of the Detailed Rules for the Implementation of the Patent Law). Five, the review fee shall be paid within three months from the date when the applicant receives the rejection decision made by the Patent Office. 6. Patent registration fee, annual fee for authorization, application maintenance fee for each year except the year when the patent right is granted (the application maintenance fee is paid from the third year before the invention patent right is granted), and notice printing fee shall be paid within two months from the date when the applicant receives the notice of granting the patent right and goes through the registration formalities with the Patent Office. (a) the annual fee shall be paid at the same time as the registration formalities in the year when the patent right is granted, and the annual fee thereafter shall be paid in advance within one month before the expiration of the previous year. The patent year is counted from the date of application, which has nothing to do with the priority date and authorization date, and is not necessarily related to the natural year. For example, the filing date of a patent application is 1 June 1999 1 day, the first year of patent application is 1 June 19991day to May 3, 2000/day, and the second year is1day to 20/day. The annual fee shall be paid in accordance with the amount specified in the fee schedule. For example, the filing date of the patent application is1June 3, 997. If the patent application was granted on August 1 2006 (the date of announcement of patent grant), and the applicant has paid the annual fee for the fifth year when going through the registration formalities, then the patentee shall pay it from May 3 to June 3, 2002. (2) If the patentee fails to pay the annual fee on time (excluding the annual fee of the year when the patent right was granted) or the amount paid is insufficient, he may pay a late fee within six months from the date of expiration of the annual fee. If the overdue fee exceeds the prescribed time limit but is less than one month, the overdue fee will not be paid. If the overdue payment time exceeds the specified time by more than one month, the corresponding overdue payment amount shall be paid according to the following calculation method: (1) If the overdue payment time exceeds the specified time by one month (excluding one whole month) to two months (including two whole months), the payment amount shall be 5% of the full annual fee. (2) If the term exceeds two to three months (including three whole months), the payment amount shall be 10% of the annual fee. (3) If the term exceeds three to four months (including four whole months), the payment amount shall be 15% of the annual fee. (4) If the term exceeds four to five months (including five whole months), the payment amount shall be 20% of the annual expenses. (5) If the term exceeds five to six months, the payment amount shall be 25% of the annual expenses. If the annual fee or late fee is insufficient within the six-month overdue period and needs to be paid again, all the annual fee and late fee shall be supplemented according to the late fee standard within the late fee period when the annual fee or late fee is paid again. For example, the payment period of the annual fee of late fee 5 is May 10 to June 10, and the late fee is 45 yuan, but the payer only pays 25 yuan. When the payer pays the late payment fee on June 15, it shall be paid according to the overdue period standard corresponding to the overdue date. The amount of overdue fine for this period is 90 yuan, which should be returned to 65 yuan. Where the patent right is terminated due to failure to pay or not paying the annual fee and/or late fee in full, in the recovery procedure, in addition to paying the annual fee, a late fee of 25% of the full annual fee shall be paid or paid. Eight, specification change fee, utility model patent retrieval report fee, request fee for suspension of procedures, request fee for invalidation, request fee for compulsory license and request fee for compulsory license shall be paid within one month from the date of making the corresponding request. Combined with the provisions of relevant laws in China, it will not only involve the payment of fees when applying for a patent right, but also require the patentee to pay an annual fee after being granted a patent right, otherwise the protection of the patent will be suspended.