In the patent application process, the official fee is the approval fee that needs to be paid to the state in order to obtain the patent rights and the national intellectual property rights setting. This part of the fee is clearly announced on the website of the State Intellectual Property Office, and there are many details. Because various matters may arise during the patent application process, the official fee details are displayed to the public on the website.
However, for a specific patent application, the fees on most websites are not required. Therefore, the author only uses the fees for normal patent applications as illustrations. Specific cases may incur other fees. Additional charges are also normal.
Patents include three types: invention, utility model and design. Before the patent is submitted for authorization, the fee that needs to be submitted for invention is 3,450 yuan, and the fee that needs to be submitted for utility model and design is 500 yuan. After the State Intellectual Property Office decides to authorize, you need to submit 255 yuan for inventions, and 205 yuan for utility models and designs.
Therefore, the official fee before authorization is 3,705 yuan for inventions and 705 yuan for utility models and designs.
Extended information:
Patent annual fees are not equal figures, but will become higher and higher as time goes by (if a patent becomes more and more expensive If the patent is still valid under the premise of annual fees, it will generally be considered that the patent has brought better market benefits to the patentee). The specific amounts are as follows:
900 per year for the first to third years of the invention patent Yuan, 1,200 yuan per year in the 4th to 6th years, 2,000 yuan per year in the 7th to 9th years, 4,000 yuan per year in the 10th to 12th years, 6,000 yuan per year in the 13th to 15th years, and 8,000 yuan per year in the 16th to 20th years.
Utility models and exterior designs are 600 yuan per year in the first to third years, 900 yuan per year in the 4th to 5th years, 1,200 yuan per year in the 6th to 8th years, and 2,000 yuan per year in the 9th to 10th years.
Calculated in this way, taking the patent right in the first year of patent application as an example, if you get a patent certificate, the official fee you need to pay for an invention patent is 4,605 ??yuan, and you need to pay 4,605 ??yuan for utility models and designs. The official fee is 1,305 yuan.
The above official fees can be saved under certain conditions. The Patent Law stipulates: "Application fees, substantive examination fees and annual fees within three years from the year when the patent right is granted can be reduced by 85%, if you apply in the name of an individual, you can apply for a 70% reduction, if you apply in the name of an organization, you can apply for a 70% reduction, and if two or more individuals apply for a 70% reduction, , applications from two or more entities will not be exempted. In addition, the reexamination fee for application for reexamination can also be applied for fee reduction.”
Therefore, assuming there are no side fees, the process from applying for a patent to obtaining it can be reduced. For a patent certificate, if you apply for an invention patent and do not enjoy the fee reduction, you need to pay 4,605 ??yuan; after applying for fee reduction and exemption in the name of an individual, you need to pay 1,205 yuan; after applying for fee reduction and exemption in the name of an organization, you need to pay 1,850 yuan; for two or more people, you need to pay After individual application fee reduction, you need to pay 1,850 yuan.
If you apply for utility models and designs and do not enjoy the fee reduction, you need to pay 1,305 yuan. After applying for fee reduction and exemption in the name of an individual, you need to pay 575 yuan. After applying for fee reduction and exemption in the name of an organization, you need to pay 740 yuan. Yuan, if two or more individuals apply for fee reduction, they need to pay 740 Yuan.
In addition to official fees, when applying for a patent, one thing that has to be mentioned is the agency fee. The agency fee is used to hire a professional patent attorney to provide professional services for patent applications. In China, there are more than 11,000 practicing agents who can provide patent agency services, and there are more than 1,100 service agencies that can accept applicants' entrustment to handle patent agency business.
This part of the fee is still an opaque market in our country. The fees of each service agency are different. The general charging standards in different regions are also different. The fees for applications in different majors will also be different. Taking the Beijing market as an example, the fee for an invention patent application is generally between 6,000 and 20,000 yuan, the fee for a utility model is between 4,000 and 15,000 yuan, and the fee for an appearance design is between 1,000 and 3,000 yuan.
If the applicant has the professional skills to apply for a patent, he or she can choose to apply independently. The advantage of this is that it can save patent agency fees and prevent the technology from being known to others before the patent application is filed.
However, the vast majority of companies or individuals do not have such professional skills. The requirements are not only to understand the technology, but also to be familiar with the relevant provisions of the patent law, and to be able to jump out of the limitations of existing technologies. , to refine a better protection scope for technology, and there are relatively few people who can do it at the same time.
If the protection is improper, the patented technology may not only have no substantive protection, but the technology will be disclosed to the world for free, providing competitors and peers with a good channel to peek and learn, and the gain outweighs the loss. Therefore, based on the principle of “leaving professional matters to professionals,” the author firmly recommends that patent applications, which are highly professional matters, be left to patent attorneys.
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