1. How much does it generally cost to apply for a design patent?
How much does it cost to apply for a design patent? Fees include application fees and patent registration fees. According to my country's patent law, the application fee for a design patent is 500 yuan and the patent registration fee is 150 yuan. If the applicant meets the conditions, he or she can enjoy the fee reduction discount. The application fee after the reduction is 75 yuan or 150 yuan, depending on the reduction ratio. In addition, some countries or regions may require the payment of other additional fees, such as priority document fees, examination fees, etc. Therefore, the specific fees for appearance patent applications need to be determined based on the specific circumstances.
Article 93 of the Implementing Rules of the Patent Law
Report to the Patent Administration Department of the State Council When applying for a patent and handling other procedures, the following fees must be paid:
(1) Application fee, application surcharge, publication and printing fee, priority claim fee;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent Registration fee, announcement printing fee, annual fee;
(4) Rights restoration request fee, deadline extension request fee;
(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees for requesting invalidation.
The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council.
2. What are the main types of patent Disputes?
1. Patent application right disputes
Patent application right disputes are a type of patent disputes, which mainly include: The first is the dispute about service inventions and non-service inventions; the second is the dispute about who is the inventor or designer of the invention; the third is the dispute about who has the right to apply for inventions and creations completed through collaboration (cooperation) or acceptance of entrustment. Patent disputes.
2. Disputes over fees for using an invention after the publication or announcement of the patent application and before the grant of the patent right
According to the provisions of my country's patent regulations, from the time when the patent application is published to the time when the patent right is granted, if someone uses the invention for which the patent has been applied for, the applicant has the right to ask for remuneration, or to retain the patent right. The right to receive additional royalties after being approved. If a dispute arises between the relevant parties, the patentee may request the patent administration agency for mediation, or may directly file a lawsuit with the People's Court.
3. Regarding the implementation of compulsory licenses Disputes over royalties
Compulsory license is an involuntary license, which means that the national patent authority allows qualified patents through administrative procedures without the consent of the patentee. A third party uses the invention patent or utility model patent and issues a compulsory license to it, with the purpose of restricting the patentee from monopolizing patent rights. However, the licensee shall pay royalties to the patent rights. The relevant parties may bring a lawsuit to the People's Court if disputes arise.
4. Patent infringement disputes
There are many disputes of this type, mainly involving unpatented Disputes involving the illegal exploitation of someone else's patent rights with the permission of the right holder; disputes over counterfeiting of someone else's patent; disputes over patent administrative infringement, that is, the patent authority has made a decision on compulsory license for patent implementation that is inconsistent with the provisions of the patent law and a decision to declare the patent right invalid, infringement or even deprivation Disputes arising from the violation of the legal rights of the patentee.
5. Patent ownership disputes
Refers to the invention after the patent right is granted , a rights confirmation dispute arises between the relevant parties as to who should be the real rights holder. The most common disputes over patent ownership are disputes over service inventions or non-service inventions, and disputes over whether a certain patent right is jointly owned. Such disputes can be mediated by the patent office or directly brought to the People's Court. This type of dispute only resolves ownership disputesThe dispute is that it only solves the subject of the patent right and who is the patentee, but does not examine the object of the patent right.
Patent ownership disputes are similar to patent application rights disputes, that is, the focus of the dispute is who should actually hold the patented technology.
However, patent ownership disputes and patent application rights disputes are two different types of disputes.
The main differences are: First, from a time perspective, patent application rights disputes occur before the patent right is granted, while patent ownership disputes occur after the patent right is granted. Future disputes;
Second, from the content point of view, the focus of the dispute over patent application rights is who has the right to apply for a patent for an invention and creation, and who owns the patent right? The dispute is about re-proposing who is the patentee for an invention-creation that has been determined to be patented;
Third, from a morphological point of view, the subject matter of the patent application right dispute can Whether a patent has been granted is still pending, and the subject matter of the patent dispute is an actual existing patent that has been confirmed by the patent authority;
Art. Fourth, judging from the results, the settlement of patent application rights disputes does not involve the ownership of the patent rights, while the patent ownership disputes must clearly determine who is the real right holder of an invention that has been granted a patent right.
6. Disputes over patent licensing or patent transfer contracts
Patent licensing contracts refer to patent rights A contract in which a person allows others to use his or her patented invention or utility model;
A patent transfer contract refers to a contract that transfers patent ownership. After the transfer, the patentee loses its exclusive rights and the assignee becomes the new exclusive owner of the patent. Such patent contract disputes between parties are increasing in practice.
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