How is the payment period and time of patent fee stipulated?
Patent application is a necessary procedure for obtaining patent right. In order to obtain a patent right, an applicant must apply to the State Patent Office. After being approved by the State Patent Office and issuing a certificate, he/she also needs to pay a patent application fee, and there are provisions on the time limit for paying the patent fee. How is the payment period and time of patent fee stipulated? 1. When paying the patent application fee, if the application documents are submitted by myself to the Patent Office or its agency, you can pay the application fee on the spot after receiving the acceptance notice. Where the application documents are mailed to the Patent Office, the patent application fee shall be paid after receiving the notification of acceptance from the Patent Office. However, the payment date of the application fee shall not exceed two months from the date of application at the latest. If the application fee is not paid within the time limit, the application shall be deemed to be withdrawn. In general, the notification of acceptance from the Patent Office can reach the applicant within one month after the applicant sends the application documents, so in general, the applicant has enough time to pay the application fee. Two. What are the specific provisions on the payment period of patent fees? China National Intellectual Property Administration's Patent Examination Guide specifies the payment period of patent application fee, patent substantive examination fee, patent registration fee and patent annual fee. 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 time limit for payment of the request fee for restoration of rights is 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 makes a request 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 makes a request 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. I'll tell you so much about the time limit for payment of patent fees and the time for payment of patent application fees. Patent issues also need our constant attention. For details, please call Bajie Intellectual Property Service Hotline.