The application fee shall be paid within two months from the date of application. The fees paid at the same time as the application fee also include the publication and printing fee of the application for a patent for invention and the application surcharge. Where the priority is claimed, the priority claim fee shall be paid at the same time. If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
When the number of pages in the description (including drawings) exceeds 30 pages or the number of claims exceeds 10, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.
The amount of priority claim fee is calculated according to the number of items claiming priority. Failing to pay or pay in full within the prescribed time limit shall be deemed as not claiming priority.
2. Substantive examination fee for an application for a patent for invention
Where the applicant requests substantive examination, it shall submit a request for substantive examination and pay the substantive examination fee. The time limit for paying the substantive examination fee is three years from the date of application (if there is a priority requirement, from the earliest priority date). If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
3. Review costs
If the applicant refuses to accept the rejection decision of the Patent Office and files a review, he shall submit a request for review and pay the review fee. The time limit for paying the reexamination fee is within three months from the date when the applicant receives the decision of the Patent Office to reject the application. If it is not paid or paid in full within the prescribed time limit, the request for review shall be deemed not to have been made.
4. The change fee of the description item, etc.
The time limit for payment of the fees for description item change, utility model search report, request for suspension of procedures, request for invalidation, request for compulsory license and request for compulsory license fee ruling is within one month from the date of making the corresponding request. Failure to pay or pay in full within the prescribed time limit shall be deemed as failure to make the above request.
5. Claims for restoration of rights
Where the applicant or the patentee requests to restore the right, he shall submit a request for restoration of the right and pay the fee. The payment period of the fee is within two months from the date when the party concerned receives the notice of loss of rights confirmed by the Patent Office. If it fails to pay or pay in full within the prescribed time limit, its rights will not be restored.
6. Extension request fee
Where the applicant requests to extend the time limit specified by the Patent Office, he shall submit a request for extension of the time limit before the expiration of the original time limit and pay the fee. Within the prescribed time limit, it is limited to two extensions. Failure to pay or pay in full within the prescribed time limit shall not be postponed.
7. Go through the refund formalities
The parties may, within one year from the date of payment, request the refund of the overpaid, re-paid or wrongly paid patent fees. Where a refund is requested, a statement of opinions shall be submitted, and a copy of the receipt of China National Intellectual Property Administration patent fee shall be submitted.
8. Decline in patent fees
If it is really difficult for the applicant or the patentee to pay the patent fee, he may request a postponement. There are five kinds of fees that can be reduced or exempted: application fee (printing fee and surcharge are not reduced), examination fee for invention patent application, reexamination fee, maintenance fee for invention patent application, and annual fee for three years from the year when the patent right is granted. Other expenses will not be delayed.
Where a patent fee is requested to be reduced or exempted, it shall submit a request for fee reduction and exemption, truthfully fill in the economic income status, and attach relevant supporting documents when necessary.
9. Payment of annual fee
(1) When going through the registration formalities, the applicant shall pay the patent registration fee, the announcement printing fee and the annual fee for the year when the patent right is granted. Where an application for a patent for invention needs to pay the application maintenance fee, the applicant shall pay the application maintenance fee for each year together. Failure to pay or pay the full fee at the expiration of the period shall be deemed as failure to go through the registration formalities. The annual fee for the year when the patent right is granted shall be paid within the time limit specified in the notice of granting the patent right issued by the Patent Office, and the annual fee thereafter shall be paid in advance within one month before the expiration of the previous year.
(2) Need to pay the application maintenance fee. Where an application for a patent for invention has not been granted a patent right for two years from the date of filing, the applicant shall pay the application maintenance fee from the third year.
10. Payment of late fees
(1) If the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year of granting the patent right, the patentee shall pay it within six months from the date of expiration of the annual fee at the latest, and at the same time pay the late fee. If the payment time exceeds the prescribed payment time for less than one month, no late payment fee will be charged; If the payment time exceeds one month, 5% of the full annual fee of the current year will be charged as a late fee for each month. For example, if the payment time exceeds the prescribed payment time for two months, the amount of the late payment fee is the standard value of the annual fee multiplied by 10% (Article 96 of the Detailed Rules for the Implementation of the Patent Law).
(2) Calculation of annual overdue fine when the first payment amount is insufficient: When the patentee pays the overdue fine again, it shall make up all the annual overdue fine according to the overdue fine standard during the overdue fine period where the actual payment date is located. For example, the payment period of the late fee of 5% of the annual fee is from May 5 to June 5, and the late fee is 45 yuan, but the payer only pays 25 yuan. When the payer pays the late payment fee on June 7th, it shall pay according to the standard of 10% of the overdue part corresponding to the actual payment date. The late payment fee for this period is 90 yuan, so the payer should also pay the late payment fee of 65 yuan.
(3) Calculation of annual fee and late fee when handling the restoration procedure: When the patentee terminates the restoration procedure due to the patent right, it shall pay the annual fee and late fee at 25% of the annual fee of the current year.
1 1. Annual fee reduction
If the patent fee has been deferred before authorization, the annual fee may be paid for three consecutive years from the year of authorization according to the approved deferred proportion. For example, the authorization year of a patent application that has been approved to postpone the payment of patent fees is the third year (that is, the year specified in the registration notice), and the patentee can postpone the payment of the annual fees for the third, fourth and fifth years according to the approved reduction ratio, and pay the annual fees in full from the sixth year.
12. Interpretation of the concept of "patent year"
(1) year of patent grant: refers to the year when the patent application was granted, and the year when the patent application was granted is the year of authorization, subject to the registration notice. For example, the annual fee for the third year is required in the patent application registration notice, which means that the "authorization year" of the case is the third year.
(2) Patent year: it means that every full year of a patent is a patent year from the date of filing. For example, the filing date of the patent application is 1 June 1998 1 day, and the first year of the case is from that date to 1 June 19991day, and the second year is from1June 2, 1999 to1day. ...
13. Matters needing attention in payment
(1) If remittance is made by post office or bank, the correct application number or patent number and fee name should be filled in the postscript column or remittance purpose column of the remittance slip. The correct application number or patent number should be 9 digits or 13 digits (application number+check bit), and there can be no space. The decimal point before the last parity bit can be omitted.
For example, the 9-digit application number can be written as 99 10xxxxx.2 or 9910xxxxx2; ; The application number of 13 can be written as 2005 10 xxxxx. 1 or 200510xxxxx1. The name of the paid fee can be abbreviated (see patent fee standard).
(2) The remitter should ask the bank or post office staff to input the above payment information in the remittance postscript column. Remittance through the post office, an application number or patent number is a remittance, requiring the post office staff to input the complete mailing address and postal code, which will play an important role in the subsequent procedures.
(3) For remittance by bank, if it is necessary to send a fax, a copy of the remittance slip, application number or patent number, fee name, postal code, address and payee information should be sent to the toll collection office on the remittance day. (Fax: 0 10-620843 12). This method is a remedy for not indicating the above necessary information when remittance, and it has no legal effect.
Bank remittance bill
Bank of deposit: China Industrial and Commercial Bank Beijing Beitaipingzhuang Sub-branch.
Account name: China National Intellectual Property Administration Patent Office account number: 0200010009014400518.
Post office remittance
Address: No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing (100088).
Payee: China National Intellectual Property Administration Patent Office.
(4) Expense inquiry: If the party concerned has not received the expense receipt from the Patent Office after remittance, he can make an inquiry by telephone (0 10-62085566) for one year.