In addition, I remind you that patent documents must be written with high quality, so that rights protection can be guaranteed.
China National Intellectual Property Administration order
No.39
According to the provisions of Article 98 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the measures for the reduction and exemption of patent fees are hereby promulgated. These Measures shall come into force as of 2006 1 1 month 13.
Director Tian Lipu.
October 12, 2006
Measures to slow down patent fees
Article 1 These Measures are formulated in accordance with the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and related documents.
Article 2 Where it is really difficult for the applicant or patentee to pay the relevant patent fees, he may request the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) to postpone the payment of the relevant fees in accordance with these Measures.
Article 3 With the approval of the Patent Office, the following patent fees may be reduced or exempted:
1. application fee (including publishing and printing fee and application surcharge will not be slowed down);
2. Examination fee for application for patent for invention;
Annual fee (within three years from the year when the patent right is granted);
4. Maintenance fee for invention patent application;
5. Review fee.
Article 4 Where the applicant or the patentee is an individual, he may request that 85% of the application fee, examination fee and annual fee for an application for a patent for invention be deferred, and 80% of the maintenance fee and examination fee for an application for a patent for invention be deferred.
Where the applicant or the patentee is a unit, it may request a postponement of 70% of the application fee, examination fee and annual fee for an application for a patent for invention, and 60% of the maintenance fee and examination fee for an application for a patent for invention.
Where two or more individuals or individuals and units apply for a patent at the same time, they may request that 70% of the application fee, examination fee and annual fee for an application for a patent for invention and 60% of the maintenance fee and examination fee for an application for a patent for invention be deferred.
If more than two * * * units apply for a patent at the same time, the patent fee will not be slowed down.
Article 5 An applicant for a patent may, at the same time as filing a patent application, request a postponement of the payment of the five fees specified in Article 3 of these Measures. After the Patent Office accepts a patent application, the application fee will not be slowed down. The applicant or the patentee can only request to postpone the payment of the fees that have not yet expired, and shall make a request to postpone the payment of the fees two and a half months before the expiration of the relevant fee payment period.
Article 6 Where an applicant or patentee requests fee reduction, it shall submit a request for fee reduction, and attach relevant supporting documents when necessary. The request for fee reduction shall be signed or sealed by all applicants or patentees.
Article 7 Where an individual requests a patent fee reduction or exemption, he shall truthfully fill in his annual income in the request for fee reduction or exemption, and when necessary, he shall provide a certificate issued by the patent administration department of the people's government at or above the municipal level to prove his financial difficulties.
Where two or more individuals * * * request for patent fee reduction and exemption, they shall truthfully fill in the annual income of each person in the request for fee reduction and exemption, and if necessary, provide the proof of their financial difficulties issued by the patent administration department of the people's government at or above the municipal level according to the requirements of the Patent Office.
Where a unit requests to slow down the patent fee, it shall truthfully fill in the economic difficulties in the fee reduction request, and attach the certificate issued by the patent administration department of the people's government at or above the municipal level.
Where an individual or unit * * * requests to slow down the patent fee, the individual shall truthfully fill in his annual income in the fee reduction request, and the unit shall truthfully fill in the economic difficulties, and attach the certificate issued by the patent administration department of the people's government at or above the municipal level.
The certificate issued by the administrative department for patent work 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.
Article 8 After receiving the request for fee reduction, the Patent Office shall examine it, make a decision on whether to approve the request for fee reduction, and notify the applicant or the patentee.
Article 9 In any of the following circumstances, the patent fee waiver request shall not be approved:
(1) Failing to use the request for fee reduction formulated by the Patent Office;
(two) all the applicants or patentees have not signed or sealed the request for fee reduction;
(three) the unit or individual that requested the fee reduction failed to provide the certificate in accordance with the provisions of Article 7 of these Measures;
(4) The annual personal income of the applicant or patentee exceeds 25,000 yuan;
(5) The annual personal income of all applicants or patentees is not indicated in the fee reduction request;
(six) the applicant or the patentee is two or more units;
(seven) the name of the applicant or patentee in the request for fee reduction or the name of the invention-creation is inconsistent with the corresponding content in the patent request.
Article 10 The claimant shall pay the relevant fees in full within the time limit stipulated in the Patent Law and its detailed rules for implementation. Where the patent fee waiver request is approved by the Patent Office, the amount paid shall be the rest after the waiver is approved.
Article 11 After the decision to approve the request for patent fee reduction and exemption is made, if the Patent Office finds that the decision is wrong, it can correct it by itself and notify the applicant or the patentee of the correction result.
Where the applicant or the patentee provides false information or false documents when requesting to slow down the patent fee, the Patent Office shall, after verification, revoke the decision to approve the slow down of the patent fee and notify the applicant or the patentee to pay back all the slowed down fees within a specified time limit; If the party concerned fails to pay the overdue fee or the overdue fee is insufficient, the Patent Office shall make a corresponding decision according to the insufficient payment.
Article 12 After the applicant or the patentee obtains economic benefits from his invention-creation, he shall pay the deferred patent fee.