1984, 12 In March, after more than five years of brewing, the Patent Law of People's Republic of China (PRC) was promulgated and formally implemented on April 1985, 1, which is an important achievement of China's economic system reform and scientific and technological system reform. The implementation of the Patent Law legally recognizes that inventions and creations can be protected as intangible property, which further promotes the reform of China's economic system and scientific and technological system, and shows China's determination and confidence in reform, opening up and going abroad.
1992, China revised the patent law for the first time, expanded the scope of patent protection, extended the term of patent right, strengthened the protection of imported patented products, stipulated that the scope of patent protection was extended to products directly obtained by this method, and re-stipulated the conditions for compulsory patent licensing, all of which marked that the level of patent protection in China reached a new height and was increasingly coordinated with the international development trend. 1 99365438+1October1,China began to implement the revised patent law.
On August 25th, 2000, the 17th meeting of the 9th the NPC Standing Committee adopted a decision on amending the Patent Law of People's Republic of China (PRC). This is the second revision after the first revision of 1992 in September. This is another important milestone in the development history of China's patent industry, and it is a very important measure for China to implement the strategy of rejuvenating the country through science and education, which fully reflects the great attention of the CPC Central Committee and the State Council, and also creates very favorable conditions for further doing a good job in patent work and improving the ability and level of patent protection in China. 200 1 July1day, the second revised patent law came into effect.
In June, 2003, 65438+1October, 65438+1October, the patent application number rose from 8 digits to 12 digits. The 8-digit patent application number of 18 has become history since the implementation of the Patent Law of People's Republic of China (PRC) in April, 1985. The upgrading of the number of patent applications indicates that the output of China's inventions and technological innovations will reach a new scale, the opening and internationalization of the China market will enter a new level, and a new era of rapid development has arrived.
On March 12, 2004, on the occasion of the 20th anniversary of the promulgation of China's Patent Law, China's "Electronic Patent Application System" was officially opened, giving birth to the first electronic patent application in China, which made great contributions in the patent history of China. The realization of electronic patent application in China marks a new step for China National Intellectual Property Administration to use modern technology to provide services to the public, and also provides a solid technical support for China to participate in international exchanges and competition in the field of intellectual property.
On March 7th, 2004, the 5th day after the 20th anniversary of the promulgation of China Patent Law, the total number of patent applications in China exceeded 2 million, which truly realized the leap-forward development of patent applications. From the implementation of China Patent Law to the beginning of 2000, it took us 15 years to make the total number of patent applications in China reach the first10 million. Only four years later, the total number of patent applications in China surpassed the second place 1 10,000.
Application process of invention patent
Qualification of the bidding object
1. Accept the patent fees involved represented by the applicant (patentee) or agency.
2. Foreign-related patents or patent fees involving PCT patents are not accepted (patent fees for foreign-related patents refer to fees related to patent applications by non-China citizens and legal persons from Hong Kong, Macao and Taiwan).
3. Types of patent fees accepted:
(1) Application fee for invention patent, utility model patent and design patent (application for invention patent includes printing fee).
(2) Patent application surcharge (specification surcharge, claim surcharge).
(3) the substantive examination fee for the invention patent request.
(4) Patent registration fee (including stamp duty).
(5) Annual patent fee.
(6) late fees for annual patent fees.
(7) Request fee for patent restoration right.
Bidding procedure
Accept the patent fees paid by the applicant in person or remitted by the bank or post office. The date of payment of the patent fee shall be determined in accordance with the Patent Law, the detailed rules for the implementation of the Patent Law and the relevant provisions.
1. If the patent fee is paid in person, the date of face-to-face payment shall be the payment date, and the payer shall carefully fill in the payment list as the accounting voucher in accordance with the regulations.
2. For bank remittance, the remittance date is the payment date, and the bank remittance slip and remittance list are the accounting vouchers. The necessary payment information (patent application number and fee type) is missing in the bank remittance slip, and the payment date should be the date when the correct payment information is received.
3. If remittance is made through the post office, the remittance date shall be the payment date, and a copy of the post office remittance slip shall be the accounting voucher. If the postal remittance slip lacks the necessary payment information (patent application number and fee type), it will be refunded directly, and the original remittance date will not be retained after the refund.
4. After receiving the payment from the parties, use the computer charging system provided by China National Intellectual Property Administration Patent Office to keep accounts, and print the receipt in quadruplicate. The first copy and the third copy shall be sent to the toll office of China National Intellectual Property Administration Patent Office, the second copy shall be delivered to the payer, and the fourth copy shall be bound with the accounting voucher.
operation sequence/order
1. The applicant should fill in the payment information according to the contents of the payment list.
2. The agency charges a fee to print the receipt according to the payment information provided by the payer.
3. The payer shall check the printed payment receipt and payment voucher.
4. The agent will send the first copy and the third copy of the payment receipt to the toll office of China National Intellectual Property Administration Patent Office the next day, and fax the payment information to the toll office of China National Intellectual Property Administration Patent Office.