1. Application fee

The payment period of the application fee is 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. If 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If it is not paid or paid in full within the prescribed time limit, the patent application will be deemed to have been withdrawn.

when the pages of the description (including attached drawings) exceed 3 pages or the claims exceed 1 items, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.

the fee amount of the priority claim fee is calculated according to the number of items requiring priority. Failure to pay or pay in full within the prescribed time limit shall be deemed as failure to claim priority.

2. Substantive examination fee for an application for a patent for invention

If the applicant requests substantive examination, he shall submit a request for substantive examination and pay the substantive examination fee. The time limit for payment of the substantive examination fee is three years from the application date (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If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.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. mitigation of patent fees

if the applicant or patentee has real difficulties in paying patent fees, it may request mitigation. There are five kinds of fees that can be reduced: application fee (printing fee and surcharge will not be 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 slowed down. Where a patent fee is requested to be reduced, a request for fee reduction shall be submitted, the economic income status shall be truthfully filled in, and relevant supporting documents shall be attached when necessary.

(1) Acceptance stage

The Patent Office will examine the patent application after receiving it,

Procedure of patent application

If it meets the acceptance conditions, the Patent Office will determine the application date, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. If the application documents are not typed, printed, illegible or altered; Or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the applicant's name or name and address are unknown in the request; Or the patent application category is unclear or uncertain, and the patent application directly sent by foreign units and individuals without foreign-related patent agencies will not be accepted.

(2) Preliminary examination stage

If an accepted patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must first be examined for confidentiality, and if it needs to be kept confidential, it shall be handled according to the confidentiality procedure.

at the time of preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the examination content falls within the scope of not granting patent rights in the Patent Law, whether the obvious lack of technical content cannot constitute a technical scheme, whether there is a lack of oneness, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or make statements within the prescribed time limit. If it fails to reply within the time limit, the application will be deemed to be withdrawn. If the defects have not been eliminated after the reply, it shall be rejected. If an application for a patent for invention passes the preliminary examination, a notice of passing the preliminary examination will be issued. In addition to the above-mentioned examination, the application for a patent for utility model and design should also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization order.

(3) Publication stage

An application for a patent for invention enters the publication stage from the issuance of a notice of conformity in the preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months from the date of application. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about 3 months later, the abstract of its instructions was published in the patent bulletin and a booklet of instructions was published. After the application is published, the applicant has the right to temporary protection.

(4) substantive examination stage

after the publication of the application for a patent for invention, if the applicant has made a request for substantive examination and it has taken effect, the applicant will enter the actual examination procedure. If the applicant has not made a request for a real trial within three years from the date of application, or the request for a real trial has not taken effect, the application shall be deemed to have been withdrawn.

during the actual trial, whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law will be comprehensively reviewed. Upon examination, it is considered that the application does not meet the authorization conditions or there are various defects, and the applicant will be notified to state his opinions or make amendments within the specified time. If he fails to reply within the time limit, the application will be deemed to have been withdrawn, and if he still fails to meet the requirements after repeated replies, it will be rejected. The actual trial period is long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to be withdrawn.

if no reason for rejection is found in the substantive examination, it will enter the authorization procedure as required.

(5) Authorization stage

If the application for a patent for utility model and design has been preliminarily examined and the application for a patent for invention has not found any reasons for rejection after substantive examination, the examiner will make an authorization notice and apply for authorization registration preparation. After reviewing the legal effect and completeness of the authorization text, and proofreading and modifying the description items of the patent application, the Patent Office will issue an authorization notice and a notice for handling registration procedures. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, 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 two months later. Failure to go through the registration formalities in accordance with the regulations will be regarded as giving up the right to obtain the patent right.

(6) Review stage

The patent review procedure is a relief way for the applicant when the patent application is rejected. According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the reexamination request and makes a decision. Cases requesting re-examination include cases requesting patent re-examination because they are not satisfied with the decision to reject the patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection.

(7) Patent Invalidation

In the patent application and patent application of enterprises, patent invalidation is one of the most widely used patent regulations by enterprises and units (it should be second only to patent application). Patent invalidation has become a necessary means and skill in patent litigation.

reference article:/subtitle /subview/16241/16241.htm