Preparation of patent application proposals:

Mastering basic knowledge of patents: achieved through elective school course selection.

Prepare proposals for three different types of patents:

Invention: refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design: refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern.

Patent application documents:

Specification, description drawings, summary of description, summary drawings, claims, invention patent request, design patent request, utility model patent request Book.

Submission of patent application documents:

If you apply for a patent or go through other procedures with the State Intellectual Property Office, you can submit the application documents or other documents directly to the State Intellectual Property Office for application acceptance. The application window or any patent agency in the Patent Office can also be mailed to the acceptance office of the State Intellectual Property Office or the patent agency in the Patent Office. When submitting documents, you should pay attention to the following matters:

(1) To submit application documents or documents for various procedures to the State Intellectual Property Office, the forms uniformly formulated by the State Intellectual Property Office should be used, and all application documents should be Two copies, and formal documents can be made in one copy.

(2) One form can only be used for one patent application. For example: an invention patent application can only fill in one invention, and an opinion statement can only state opinions on one patent application. It is not allowed to fill in the opinions of several applications or several inventions in one statement of opinions or one invention patent request.

(3) Applicants should keep drafts of various documents submitted to the State Intellectual Property Office to ensure the consistency of document filling during the application review and approval process, and can serve as a reference when responding to examination opinions.

(4) Application documents are to be mailed and should be sent by registered mail. If you cannot send the application documents by registered mail, you can send them by express mail. Do not send the application documents by parcel. In addition to stating the detailed address (including postal code) of the State Intellectual Property Office or Patent Agency, the registered letter should also be marked with "Application Documents" and "State Intellectual Property Office Acceptance and Processing" or "State Intellectual Property Office x x Patent The words "collected by the agency". Application documents should not be submitted by express companies. If application documents are submitted by express companies, the application date will be determined based on the actual receipt date by the State Intellectual Property Office acceptance office and each patent agency. One registered letter should only contain application documents or other documents for the same application. When mailing, the applicant should ask the post office staff to stamp the postmark date, and should keep the registered receipt stub properly.

(5) The State Intellectual Property Office does not accept samples, specimens or models when accepting patent applications. During the examination procedure, when the successful applicant submits samples or models at the request of the examiner, if it is submitted in person at the window of the State Intellectual Property Office, it shall produce a notice of examination opinions; if it is submitted by mail, it shall indicate on the email "In response to the examiner x x x (name) ) the words "requiring model submission".

(6) When foreigners or foreign entities without long-term residence or business offices in my country, as well as Chinese nationals who live or work abroad for a long time, apply for patents, they should entrust a foreign-related patent protection agency designated by the National Knowledge Bureau authorized by the State Council to apply for a patent. Handled by patent agency. The above-mentioned applicants are not allowed to mail or submit application documents directly to the State Intellectual Property Office.

If entities or individuals from Hong Kong, Macao and Taiwan apply for patents, they should also entrust foreign patent agencies or domestic patent agencies respectively to handle the application according to regulations. They are not allowed to mail or submit application documents directly to the State Intellectual Property Office. .

Payment and mitigation of application fees:

Request for fee mitigation

The Patent Law stipulates that applying for a patent and handling other procedures with the State Intellectual Property Office shall be in accordance with Provide for payment of fees.

The implementation details are as follows:

1.1 Method of payment of application fee

The application fee and other fees can be paid directly to the State Intellectual Property Office or the Patent Agency in person. Applicants who apply for patents by mail, after receiving the acceptance notice and payment notice or fee reduction approval notice from the State Intellectual Property Office, can remit the application fee through a bank or post office as required.

Currently, banks use electronic transfer and post offices use electronic remittance, which requires payers to write the correct application number or patent number on the remittance form when remitting patent fees through banks or post offices. The name of the fees paid can be abbreviated. For example, the application fee can be written as "application" and the substantive examination fee can be written as "substantial examination." Moreover, the remitter must ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter must also ask the post office staff to enter the person's complete mailing address, including postal code.

No matter which method the applicant uses to pay, if the application number and fee name are not stated when paying, or if they are written incorrectly, it will be deemed that the payment procedures have not been completed.

1.2 If the application documents are submitted to the State Intellectual Property Office or the Patent Agency in person at the time of payment of the application fee, the application fee can be paid at that time after obtaining the acceptance notice.

If you mail application documents to the State Intellectual Property Office, you should pay the application fee after receiving the acceptance notice from the State Intellectual Property Office. However, the date for payment of the application fee shall not exceed 2 months from the date of application. If the application fee is not paid by the due date, the application will be deemed withdrawn. The acceptance notice from the State Intellectual Property Office is generally sent to the applicant about one month after the applicant sends the application documents, so under normal circumstances, the applicant has enough time to pay the application fee.

1.3 Determination of payment date

If the application fee or other fees are paid to the National Intellectual Property Bureau, the date of personal payment shall be the date of payment.

When remitting fees to the State Intellectual Property Office, if the remittance method complies with the provisions in 1.1 above, the actual remittance date from the bank or post office will be the payment date. However, if it exceeds 15 days from the date of remittance to the date of receipt by the State Intellectual Property Office, the date of receipt by the State Intellectual Property Office shall be the date of payment, unless the post office or bank issues a certificate and provides evidence.

1.4 Amount of application fee

In addition to the basic application fee, the invention patent application fee also includes a document publication and printing fee of 50 yuan. Utility model and design patent applications do not need to pay publication and printing fees.

If the patent application specification exceeds 30 pages, including drawings, an application fee surcharge of 50 yuan per page shall be paid starting from the 31st page, and if the patent application specification exceeds 300 pages, a surcharge of 50 yuan per page shall be paid starting from the 301st page. The fee is 100 yuan.

If there are more than 10 requirements in the patent application, an application surcharge of RMB 150 shall be paid for each item starting from the 11th item.

The description surcharge and the claim surcharge are also part of the application fee, so the deadlines and requirements for paying the description surcharge and the claim surcharge, as well as overdue processing, are the same as the application fee. The difference is that the application fee can be reduced by request, but the surcharge cannot be reduced.

If the applicant claims priority, he shall also pay a priority claim fee according to the number of requested priority items within 2 months after filing the patent application. The priority claim fee is 80 yuan per item. If the priority claim fee is paid, the priority will be deemed not to have been claimed.

1.5 Correction of payment errors

If you pay various patent fees through post office or bank remittance, after receiving the fee receipt issued by the State Intellectual Property Office, you should check the receipt in time List the patent application number, fee name, amount and remittance date. If an error is discovered, an opinion should be made to the State Intellectual Property Office within 7 days, explaining the cause of the error and the correct data. When stating opinions, the unified form (statement of opinions) developed by the State Intellectual Property Office should be used. If the applicant is responsible for the error, the date of submission of the statement of opinion shall be the date of payment; if the responsibility lies with the State Intellectual Property Office (the applicant shall provide evidence and be verified by the State Intellectual Property Office), the date of actual remittance of the fees shall be the date of payment.

Those who pay fees to the State Intellectual Property Office should check all the items listed on the receipt immediately after the State Intellectual Property Office issues a receipt. If any errors are found, the State Intellectual Property Office should be asked to correct them immediately.

1.6 Consequences of failure to pay or fail to pay the application fee in full

The applicant fails to pay or fails to pay the application fee in full within 2 months from the date of application (including document printing fees, description and claim surcharges), the patent application will be deemed to have been withdrawn.

Although the applicant has paid the application fee, but the procedures are improper, such as: the items listed on the payment form are incomplete or have errors, and if the application fee is charged or refunded, it will be deemed that the fee has not been paid, and the State Intellectual Property Office will It will be treated as if payment procedures have not been completed.

1.7 Reduction of application fees and other fees

If you really have difficulty in paying patent application fees, you may request the State Intellectual Property Office to reduce application fees, examination fees, maintenance fees, re-examination fees and grant fees. Annual fees for 3 years starting from the year of patent rights. Various other fees cannot be reduced (including publication fees and surcharges paid together with the application fee).

If you request for reduction at the same time as you submit the application, the above five types of expenses can be reduced at the same time after the request is approved. Those who request for reduction after application can only request for reduction of the other four types of fees except the application fee that have not yet been paid. In addition to the application fee, mitigation of other fees must be submitted 2 months before the expiration of the time limit for payment of the fee.

If you request for mitigation, you should submit a fee mitigation request form uniformly formulated by the State Intellectual Property Office. Individuals should fill in their annual income. If there are multiple applicants, fill in the annual income of each person. If necessary, the State Intellectual Property Office may require proof.

If an unit requests for mitigation, it should state the reasons (the enterprise should also state its profits and losses) and attach a certificate from the superior administrative department.

The reduction ratio for application fees, invention examination fees and annual fees for three years from the year of authorization is: 70 for service inventions and 85 for non-service inventions; the reduction ratio for invention maintenance fees and reexamination fees is: The amount is 60 for inventions and 80 for non-service inventions.

After the applicant or patentee obtains economic benefits or other income from his or her invention, the applicant or patentee shall pay additional mitigation fees.

1.8 Refund

If the applicant overpays, erroneously or repays the patent fee, the applicant shall submit a request to the State Intellectual Property Office within 1 year from the date of payment. The refund shall be made after verification by the Bureau. If the request is made after more than 1 year, generally no refund will be given.

If the applicant also paid the fee for a certain procedure when applying, but in fact the procedure has not been started, the applicant can also request a refund. For example, if after paying the substantive examination request fee, the applicant withdraws the application or the application is deemed to have been withdrawn before the substantive examination procedure is initiated, the applicant may request a refund of the substantive examination fee. However, if the application is deemed withdrawn due to insufficient payment of the application fee, the application fee shall not be refunded. Because the application process has already begun with acceptance, the application also acquires the rights that serve as the basis for foreign priority and domestic priority and other rights after acceptance, and the application process also ends when the application is deemed to have been withdrawn.