Download the form here: /sipo/zlsq/zlsqbgxz/default.htm
Fees
Patent application fees
One ． Application fee
Invention: 900 yuan, printing fee 50 yuan
Utility model and design: 500 yuan
Application surcharge: Claim surcharge starts from the first Starting from the 11th item, each item will be charged an additional NT$150
The manual surcharge will be increased by NT$50 per page starting from the 31st page
From the 301st page, an additional NT$100 will be charged per page
2. Invention substantive examination fee: 2,500 yuan
3. Patent registration, printing and printing costs
Invention: 255 yuan
Utility model and design: 205 yuan
IV. Annual fee (yuan)
Invention:
900 yuan for 1-3 years, 1200 yuan for 4-6 years, 2000 yuan for 7-9 years
10-12 years 4,000 yuan for 13-15 years, 6,000 yuan for 16-20 years, 8,000 yuan
Utility model and appearance design:
600 yuan for 1-3 years, 900 yuan for 4-5 years
1,200 yuan for 6-8 years and 2,000 yuan for 9-10 years
5. Other fees:
For details such as bibliographic item change fees, priority claim fees, invention patent maintenance fees, etc., please refer to Announcement No. 75 of the State Intellectual Property Office.
The fee can be paid directly to the Patent Office (including various agencies), or through post office or bank transfer, or in other ways prescribed by the State Intellectual Property Office. The charging range of each agency is separately stipulated.
Patent fee reduction
Accepting unit: State Intellectual Property Office
Acceptance conditions: Individuals with low personal income, insufficient scientific research funding for public institutions and corporate losses.
Submit documents: A request for cost reduction stating the reasons for the reduction; if a legal person requests cost reduction, it must also submit a cost reduction certificate issued by the superior authority.
Reduction ratio:
(1) Individual requests for reduction of application fees (printing fees and surcharges will not be reduced), invention patent application examination fees, starting from the year when the patent right is granted (inclusive) The maximum proportion of annual fees within three years shall not exceed 85%, and the maximum proportion of invention patent application maintenance fees and reexamination fees shall not exceed 80%.
(2) An entity or unit and an individual or two or more individuals apply together to reduce application fees (printing fees and surcharges will not be reduced), invention patent application examination fees, and application fees since the year when the patent right is granted. The maximum annual fee ratio within three years starting from (including the current year) shall not exceed 70. The maximum ratio of invention patent application maintenance fees and reexamination fees shall not exceed 60%.
(3) If two or more units apply for the same application, no mitigation fee will be granted.
Other knowledge:
Search before patent application
Before applying for a patent, it is best to conduct a search to determine which invention content belongs to the "prior art". If the content to be applied for has been recorded in the searched patent documents or other public publications, it may affect the prospect of authorization of the application. In addition, even if there is no documentation, if others can determine that it is common knowledge in the field, it will lead to the rejection of the patent application.
Benefits of Patent Search
Carefully understanding what content belongs to the prior art will help the applicant make a judgment on whether to apply for a patent and write patent application documents. The "Background Art" part of the description should include the closest prior art. For utility model patents, it is usually necessary to provide drawings of the background art. Therefore, doing so can enable the examiner and the public to clearly understand the substantial improvement of the invention. and advantages.
Patent application documents
Inventions and utility models: request, description and abstract, and claims; inventions may have drawings if necessary, and utility models must have drawings; involving When applying for an invention of new biological materials, a deposit certificate and a survival certificate should be submitted; if a nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence listing should be submitted.
Appearance design: request letter, pictures or photos; state the products using the design and its category; if requesting color protection, submit color pictures or photos; if necessary, state the rights to the design Brief description; the brief description should indicate the key points of the design, omitted views, colors to be protected, etc.
Patent Examination
After the patent application is submitted to the State Intellectual Property Office, you will receive an acceptance notice and will be examined after paying the full fee. Patent examination is divided into preliminary examination and substantive examination, the latter of which is only for invention patents.
The patent review process generally lasts 1-3 years, depending on the type of patent and the content of the invention. Utility model and design patents are authorized after preliminary examination, and invention patents that pass the preliminary examination will be issued a preliminary examination qualification notice, waiting to enter substantive examination.
When a patent application is in the review stage, the applicant does not yet have the right to prevent others from infringing upon its rights. However, after the invention patent is published (usually on the 18th month from the date of patent application), the applicant can ask the infringer to stop the infringement and pay appropriate royalties, and the infringer can also refuse. After the patent is granted, the applicant can pursue infringement liability against the infringer through judicial procedures and demand compensation.
Substantive examination of invention patents
The substantive examination of inventions is conducted in the substantive examination department of the Patent Office. The examiner evaluates the patent application by searching domestic and foreign patent documents and public publications. "Novelty", "inventiveness" and "practicability", and at the same time, the drafting of the patent document must be reviewed to see whether it meets the requirements, such as whether it meets the requirements of "unity", whether "the disclosure is sufficient", whether "the modification exceeds the scope", etc.
Substantial examination must be conducted after the invention is announced. Publication stipulated by law is conducted 18 months from the filing date. Some applicants are willing to disclose the content of their inventions in advance, so there will be patent applications. It is made public between 6 and 10 months old. Usually, the examiner at the substantive examination stage will issue at least one examination opinion notice to the applicant or his agent. The examination opinions can reflect the possibility of the invention being authorized and the defects that exist. Review comments generally include format errors, novelty issues, inventiveness issues, sufficient disclosure, singleness issues, etc.
The time for patent substantive examination is uncertain, usually 6-18 months, depending on the content of the invention, the examiner’s understanding of the invention, the examiner’s work arrangements, and the relationship between the examiner and the applicant or his agent. The time it takes for files to go back and forth between people. The standard fee for substantive examination of invention patents is 2,500 yuan/piece.