1. What are the conditions for patent fee relief?
1. To apply for patent fee waiver, you also need to meet certain conditions to enjoy the fee waiver. The patent application fee may be reduced or exempted if the patent applicant and the patentee meet one of the following conditions:
(1) Only individuals with an average monthly income of less than 5,000 yuan in the previous year, that is, individuals with an annual income of less than 60,000 yuan, can reduce or exempt the patent application fee.
(2) Only enterprises whose tax payment in the previous year was less than 300,000 yuan can reduce or exempt the patent application fee.
(3) Institutions, social organizations and non-profit scientific research institutions can also reduce or exempt the patent application fee.
(4) Where two or more individuals or units apply for the same patent, they also need to meet the above requirements to enjoy the patent application fee reduction and exemption.
Article 51 of the Patent Law Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard.
During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly.
The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent.
2. What fees can be reduced when applying for a patent?
(1) The application fee can be reduced or exempted. However, the reduced application fee does not include the published printing fee and additional application fee.
(2) The fee for substantive examination of an application for a patent for invention may be reduced or exempted.
(3) The annual patent fee can be reduced or exempted for 6 years.
(4) The reexamination fee for a patent application may be reduced or exempted.
The general process of patent application, like trademark registration application, requires a series of processes to apply. The application process includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. After authorization, the patent certificate was issued and the patent application was successful.
3. What certification materials are needed to apply for patent relief?
Where a patent applicant or patentee requests fee reduction, it shall provide the following certification materials according to the type of patent applicant or patentee:
1. If an individual requests to reduce or exempt patent fees, he shall truthfully fill in the income of the previous year in the request for fee reduction, and submit the income certificate of the previous year issued by his unit; If there is no fixed job, submit the certificate issued by the civil affairs department at the county level or the township people's government (street office) where the household registration is located.
2. Where an enterprise requests to reduce or exempt patent fees, it shall truthfully fill in the financial difficulties in the request for fee reduction and exemption, and submit a copy of the enterprise income tax return for the previous year. During the period of final settlement, the enterprise shall submit a copy of the annual enterprise income tax return for the previous year.
3, institutions, social organizations, non-profit scientific research institutions to reduce patent fees, should submit a copy of the legal person certification materials.
4. The certificate issued by the administrative department for patent affairs of the people's government at or above the municipal level shall indicate whether the unit requesting patent fee reduction or exemption is an enterprise, institution or government organization, and explain its economic difficulties.
Applying for trademark rights requires paying corresponding trademark maintenance fees every year, and applying for patent rights also requires paying corresponding fees, which is the obligation that the patentee should bear in order to maintain patent rights. However, for individuals or units with real economic difficulties, as long as they meet the conditions for fee reduction and can provide true proof materials, they can appropriately reduce their fees. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.