Many of us have worked hard to invent things, but they just didn't apply for patents, and in the end they made wedding dresses for her in vain. Therefore, we must know the process and cost of patent application.

patent application process

1. Filling and writing of patent application documents

There are specific requirements for the filling and writing of patent application documents. Applicants can fill or write them themselves or entrust a patent agency to handle them on their behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.

2. Acceptance of patent applications

After receiving a patent application, the Patent Office's acceptance office or each patent office's agency will determine the application date, give the application number and issue an acceptance notice for the application that meets the acceptance conditions.

3. How to pay the application fee

The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, or remitted by bank or post office, or the registered users of electronic application can pay the patent fee by logging in to the China Patent Electronic Application Network and using the online payment system. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the remittance slip, and the name of the payment shall be abbreviated. The remitter shall require the bank or post office staff to enter the above payment information in the remittance postscript column. If remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office's acceptance office or other departments of the Patent Office or individual examiners.

4. Time for payment of application fee

If the patent application documents are submitted in person, the application fee can be paid after obtaining the notice of acceptance and the notice of payment of application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.

5. Patent Approval Procedure

According to the Patent Law, the approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design is not published and examined in substance during the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.

6. Active revision and correction of patent application documents

Active revision and correction of patent application documents is also a procedure that the applicant can choose as needed. Applications for patents for utility models and designs are only allowed to be voluntarily amended within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

7. Respond to all kinds of notices from the Patent Office

(1) Abide by the deadline for reply, and the consequences of late reply are the same as those of no reply. In view of the problems pointed out in the notice of review opinions, answer them one by one. The reply can be corrected or the application can be modified according to the review opinions; If you disagree with the examiner, you should state your opinions and reasons.

(2) It is a defect in form or procedure, which can generally be eliminated by making corrections; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, we can only defend and state opinions on whether there are or belong to obvious substantive defects.

(3) No amendment or amendment to an application for a patent for invention or utility model shall exceed the scope recorded in the original specification and claims, and no amendment to an application for a patent for design shall exceed the scope indicated in the original picture or photograph. The revised document shall be submitted with a replacement page in the prescribed format.

(4) The reply shall be submitted in the prescribed format. Such as submitting corrections or opinions. In general, the formal problems or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, the opinion statement is used when defending.

8. The patent application is deemed to be withdrawn and resumed

If the prescribed procedures are not completed within the time limit, the application will be deemed to be withdrawn, and the Patent Office will issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice deemed to be withdrawn, request the Patent Office to restore his rights and explain the reasons. To request the restoration of rights, a "request for restoration of rights" shall be submitted, explaining the legitimate reasons for the delay, paying the restoration fee, and completing all the unfinished procedures that should be handled. The formalities for completing the formalities and paying the fees shall generally be completed within the above two months.

9. Go through the formalities of patent registration

If the application for a patent for utility model and design has been preliminarily examined, and the application for a patent for invention has been substantially examined, and no reason for rejection has been found, the Patent Office will issue a notice of authorization and a notice of registration. After receiving the notice of authorization and the notice of registration, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration formalities are completed within the time limit and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.

1. Fees to be paid for registration

When going through the registration formalities, it is not necessary to submit any documents, and the applicant only needs to pay the patent registration fee, announcement printing fee, annual fee and stamp duty for the authorized year as required.

National charging standards for patent applications

1. Patent application fees: 9 yuan for invention patent, 5 yuan for utility model patent and 5 yuan for design patent; Patent application printing fee 5 yuan;

2. The fee for examining the substance of an application for a patent for invention is 2,5 yuan;

3. 1 yuan for invention patent reexamination, 3 yuan for utility model patent reexamination and 3 yuan for design patent reexamination;

4. 2 yuan for changing the description of the inventor, applicant and patentee when applying for various patents; 5 yuan, the handling fee for the change of the description of the entrusted relationship of patent agencies and agents;

5. 8 yuan for each patent priority claim;

6. 1 yuan for applying for patent restoration rights;

7. 3 yuan for the request for revocation of invention patent right and 2 yuan for the request for revocation of utility model patent right; 2 yuan for the request for revocation of design patent right;

8. The request fee for invalidation of the invention patent is 2 yuan, the request fee for invalidation of the utility model patent is 15 yuan, and the request fee for invalidation of the design patent is 15 yuan;

9. 2 yuan for the request for compulsory license of invention patent and 2 yuan for the request for compulsory license of utility model patent;

1. 3 yuan for the application for compulsory licensing of various patents;

11. The cost of invention patent registration, printing and printing is 255 yuan, utility model patent is 25 yuan, and design patent is 25 yuan;

12. The request fee for the first extension of each patent application is 2, yuan per month for 3 yuan and the request fee for the second extension; The surcharge for each patent claim shall be increased by 15 yuan from item 11; The description of each patent application includes the appended drawings. 5 yuan surcharge will be added to each page from page 31, and 1 yuan surcharge will be added to each page from page 31.

13. The annual fee for invention patents is 1-3 years, 4-6 years in 9 yuan, 1,2 yuan in 7-9 years, 2, yuan in 1-12 years, 4, yuan in 13-15 years and 6, yuan in 13-15 years. 16-2 years, the annual fee is 8 yuan;

for utility model patents, the annual fee is 6 yuan, 4-5 years, 9 yuan, 6-8 years, 1,2 yuan, 9-1 years, and 2, yuan;

the annual fee for design patents is 1-3 years, 6 yuan, 4-5 years, 9 yuan, 6-8 years, 1,2 yuan and 9-1 years, and 2, yuan.

The above is the knowledge about the patent application process and fees. If you want to know more about the trademark registration patent application, you are welcome to consult and provide you with the best quality service.

Can food products be patented?

What is the significance of applying for patents in various industries?

Specific steps of applying for patents in industrial products

What materials should be submitted for patent applications in cosmetics industry

What are the stages of patent applications for machine tools

Specific granting principles of patent applications in various industries? Patent application process.