Current location - Trademark Inquiry Complete Network - Trademark registration - The re-application procedures and repayment of fees should generally be completed within the above two months. 9. Complete patent registration procedures. After preliminary examination of utility mode
The re-application procedures and repayment of fees should generally be completed within the above two months. 9. Complete patent registration procedures. After preliminary examination of utility mode
The re-application procedures and repayment of fees should generally be completed within the above two months. 9. Complete patent registration procedures. After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue an authorization notice and a registration formalities notice. After receiving the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures are completed and the prescribed fees are paid within the time limit, 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. The patent right will take effect from the date of announcement. Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights. 10. Fees payable for registration procedures. When going through registration procedures, there is no need to submit any documents. The applicant only needs to pay the patent registration fee (including announcement printing fees) and the annual fee and stamp tax for the year of authorization as required. When applying for authorization of an invention patent , if it is more than two years before the application date, an application maintenance fee must also be paid. The corresponding fees shall be paid in the year specified in the registration notice in the year of authorization. 11. Maintenance of patent rights After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or is not fully paid at the end of the period, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date and pay a late payment fee at the same time. The amount of the late payment fee is calculated based on an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable. 12. Termination of patent rights. Termination of patent rights can be divided into: (1) Expiration of term: Invention patent rights are maintained for 20 years from the date of application, and utility model or design patent rights are maintained for 20 years from the date of application. 10 years, terminated in accordance with the law; (2) Termination for non-payment of fees: The Patent Office issues a payment notice, notifying the applicant to pay the annual fees and late fees. If the applicant still fails to pay or pays the annual fees and late fees in full, the patent right shall be terminated from the previous year. Terminates on the expiration date. 13. Invalidation of patent rights. From the date of authorization of a patent application, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request that the patent right be declared invalid. If a person requests to declare a patent invalid or partially invalid, he must pay the fee in accordance with the regulations, submit a request for invalidation in duplicate, state the name and patent number of the patent requested to be invalidated, indicate the facts and reasons based on it, and attach the necessary evidence. . If any party is dissatisfied with the decision on a patent invalidation request, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The Patent Office will register and announce the decision after it becomes legally effective. A patent right declared invalid is deemed to have ceased to exist from the beginning.