How much is the patent infringement litigation fee
In intellectual property civil cases, if there is no amount or value in dispute, a fee of 500 yuan to 1,000 yuan; if the amount or price is in dispute, it shall be paid in accordance with the standards for property cases.Article 13 of the "Measures for the Payment of Litigation Fees" Case acceptance fees are paid according to the following standards:
( 1) In property cases, according to the amount or value of the litigation claim, the cumulative payment shall be made in installments according to the following proportions:
1. If the item does not exceed 10,000 yuan, 50 yuan shall be paid for each item;
2. The amount exceeding 10,000 yuan to 100,000 yuan is paid at 2.5%;
3. For the portion exceeding 100,000 yuan to 200,000 yuan, 2% shall be paid;
4. The amount exceeding 200,000 yuan to 500,000 yuan is paid at 1.5%;
5. For the portion exceeding 500,000 yuan to 1 million yuan, 1% shall be paid;
6. The amount exceeding 1 million yuan to 2 million yuan is paid at 0.9%;
7. The amount exceeding 2 million yuan to 5 million yuan is paid at 0.8%;
8. The amount exceeding 5 million yuan to 10 million yuan is paid at 0.7%;
9. The amount exceeding 10 million yuan to 20 million yuan is paid at 0.6%;
10. The amount exceeding 20 million yuan shall be paid at 0.5%.
(2) Non-property cases shall be paid according to the following standards:
1. For each divorce case, a fee of 50 yuan to 300 yuan is required. If it involves property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; if it exceeds 200,000 yuan, no additional payment will be made. Part of the payment is 0.5%.
2. Infringement For cases involving name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, 100 yuan to 500 yuan will be paid for each case. Damage compensation is involved. If the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; if the amount exceeds 50,000 yuan, no additional payment will be made. For the portion between RMB 100,000 and RMB 100,000, the payment is 1%; for the portion exceeding RMB 100,000, the payment is 0.5%.
3. For other non-property cases, pay 50 yuan to 100 yuan for each case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 yuan to 1,000 yuan shall be paid for each case; if the disputed amount or price is not The amount shall be paid according to the standards for property cases.
(4) 10 yuan for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards:
1. 100 yuan for each trademark, patent, and maritime administrative case;
2. For other administrative cases, 50 yuan is required for each case.
(6) If the party raises an objection to the jurisdiction of the case and the objection is not established, the fee shall be 50 yuan to 100 yuan per case.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, implement items (2) and (3) of this article , formulate specific payment standards within the range specified in item (6).
Article 14 The application fee shall be paid according to the following standards:
(1) Apply to the People's Court in accordance with the law for the execution of the legally effective judgments, rulings, and mediation documents of the People's Court, the awards and mediation documents made by arbitration institutions in accordance with the law, and the creditor's rights documents that are legally enforceable by the notary authority, To apply for the recognition and enforcement of foreign court judgments, rulings and foreign arbitration institution awards, the following standards must be paid:
1. If there is no execution amount or price, 50 yuan to 500 yuan will be paid for each item.
2. If the execution amount or price does not exceed 10,000 yuan, 50 yuan will be paid for each item; if it exceeds The portion between 10,000 yuan and 500,000 yuan is paid at a rate of 1.5%; the portion exceeding 500,000 yuan to 5 million yuan is paid at a rate of 1%; the portion exceeding 5 million yuan to 10 million yuan is paid at a rate of 0.5%; the portion exceeding 10 million yuan is paid at a rate of 0.5%. Yuan part is paid at 0.1%.
3. Comply with Civil Procedure Law 55 Paragraph 4 of the Article stipulates that if a right holder who has not participated in registration files a lawsuit with the People's Court, he or she shall pay the application fee in accordance with the standards stipulated in this item and no longer need to pay the case acceptance fee.
(2) If applying for preservation measures, the application shall be based on the actual situation. The amount of property preserved shall be paid in accordance with the following standards:
Property If the amount does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan will be paid for each item; for the part exceeding 1,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid. However, the maximum fee paid by the party concerned when applying for preservation measures shall not exceed 5,000 yuan.
(3) When applying for a payment order in accordance with the law, refer to 1/3 of the standard property case acceptance fee must be paid.
(4) If you apply for public notice and reminder in accordance with the law, every Pay 100 yuan per item.
(5) If you apply to revoke an arbitration award or confirm the validity of an arbitration agreement, you must pay 400 yuan for each application.
(6) Bankruptcy cases are calculated based on the total amount of bankruptcy property, and the property case acceptance fee is paid at half the standard, but the maximum does not exceed 300,000 yuan.
(7) The application fee for maritime cases should be paid according to the following standards:
1. Application for the establishment of a maritime liability limitation fund , pay 1,000 yuan to 10,000 yuan per item;
2. If you apply for a maritime injunction, you must pay 1,000 yuan to 5,000 yuan for each case;
3. If you apply for a maritime lien claim, you must pay 1,000 yuan to 5,000 yuan for each application;
4. If you apply for registration of maritime claims, you must pay 1,000 yuan for each item;
5. If you apply for general average adjustment, you must pay 1,000 yuan per item.
Article 15 If the case is concluded through mediation or the parties apply to withdraw the case, the case acceptance fee will be reduced by half.
Article 16: Cases subject to simplified procedures will be subject to half the case acceptance fee.
Article 17 If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the first-instance judgment.
Article 18 Where the defendant files a counterclaim and has an independent right of claim If a third party files a lawsuit related to this case and the People's Court decides to merge the cases, the case acceptance fee shall be halved.
Article 19 For retrial cases that require payment of case acceptance fees in accordance with Article 9 of these Measures, the case acceptance fees shall be paid according to the amount of the retrial request for the part of the original judgment that is not accepted.
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