1. Can I reapply if I have not paid the patent application fee?
1. After applying for a patent, if the application fee is not paid within the prescribed time limit, the application shall be deemed to have been withdrawn, which will not affect the applicant's re-application for a patent.
2. Legal basis: Article 93 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall pay the following fees when applying for a patent and going through other formalities with the patent administration department of the State Council:
(1) Application fee, application surcharge, publication and printing fee and priority claim fee;
(2) Examination fee and reexamination fee for an application for a patent for invention;
(3) Patent registration fee, announcement printing fee and annual fee;
(four) the right to recover the claim fee and the extension of the claim fee;
(five) the specification change fee, the patent evaluation report request fee and the request fee for invalidation.
The payment standards of the fees listed in the preceding paragraph shall be stipulated by the price management department of the State Council and the financial department in conjunction with the patent administration department of the State Council.
Article 95 The applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of application or within/0/5 days from the date of receiving the acceptance notice; If it fails to pay or pay in full at the expiration of the time limit, its application shall be deemed to be withdrawn.
Where the applicant claims the priority, he shall pay the priority claim fee at the same time as the application fee; Failure to pay or pay in full at the expiration of the time limit shall be deemed as failure to claim priority.
2. Can I modify the patent application documents after submitting them in the Patent Office?
1. To apply for a patent for invention, the application documents include: a request for a patent for invention and a specification (the specification needs to specify the technical problem to be solved, the technical scheme adopted to solve the technical problem and its beneficial effects).
Note that if there are drawings in the specification, the drawings of the specification, the drawings of the claims and the abstract (and the abstract drawings if necessary) need to be submitted in duplicate.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted.
2. To apply for a patent for utility model, the application documents include: the request, specification, drawings of the specification, claims, abstract and drawings of the patent for utility model in duplicate.
3. To apply for a patent for design, the application documents include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If you need to explain the pictures or photos, you must submit a brief description of the design in duplicate.
However, after you submit the patent application documents to the Patent Office, the applicant can still modify the patent application documents at the patent application stage, which does not mean that it is not allowed to modify them again.
From the above analysis, we know that according to the detailed rules for the implementation of the Patent Law, if the applicant should pay the application fee within 2 months from the date of filing or within/0/5 days from the date of receiving the acceptance notice, it will be regarded as withdrawal of the application and will not affect the applicant's re-application for a patent.
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