What are the contents of the patent application fee reduction measures?

If you want to apply for a Patent, you need to pay the corresponding application fee. Not all applicants have relatively good economic conditions. Some people are not able to pay the patent application fee. At this time, you can apply for a slowdown. , what is the content of the patent application fee reduction measures? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

What are the contents of the patent application fee reduction measures

Patent fee reduction method

Article 1 is to implement the State Council's "Regulations on Accelerating the Construction of an Intellectual Property Power under the New Situation" "Several Opinions" (Guofa [2015] No. 71) requires that these measures be formulated in accordance with the relevant provisions of the "Implementing Rules for the Patent Law of the People's Republic of China".

Article 2 Patent applicant or patentee You can request a reduction in the following patent fees:

(一)Application fee (excluding publication printing fee and application surcharge);

(2) Substantive examination fee for invention patent application;

(3) Annual fees (annual fees within six years from the year the patent is granted);

(4) Review fee.

Article 3 If a patent applicant or patentee meets one of the following conditions, he or she may apply to the National Intellectual Property Office The Property Rights Office requests a reduction of the above fees:

(一) Individuals whose average monthly income in the previous year was less than 3,500 yuan (42,000 yuan per year);

(2) Enterprises whose taxable income in the previous year was less than 300,000 yuan;

(3) Public institutions, social groups, and non-profit scientific research institutions.

If two or more individuals or units are joint patent applicants or joint patentees, they shall comply with the provisions of the preceding paragraph respectively. .

Article 4 Patent applicant or patent right If the person is an individual or an organization, the payment shall be reduced by 85% of the fees stipulated in Article 2 of these Measures.

If two or more individuals or units are joint patent applicants or joint patent holders, the fee stipulated in Article 2 of these Measures will be reduced by 70% %.

Article 5 Patent applicant or patentee You can only request a reduction of charges that are not yet due. A request to reduce application fees should be made at the same time as the patent application. A request to reduce other fees can be made at the same time as the patent application, or two and a half months before the expiration of the relevant fee payment period. If the request for payment reduction is not submitted within the prescribed time limit, the payment will not be reduced.

Article 6 Patent applicant or patentee To request a reduction in patent fees, a request for fee reduction and relevant supporting materials shall be submitted. If a patent applicant or patentee submits a patent fee reduction request through the patent affairs service system and has it reviewed and approved for filing, and if he or she requests a patent fee reduction again within a calendar year, he or she only needs to submit a request for fee reduction and does not need to submit relevant certificates. Material.

Article 7 Individual requests for reduction of patent fees , should truthfully fill in the income of the previous year in the request for fee reduction, and submit the annual income certificate issued by the unit; if there is no fixed job, submit it to the county-level civil affairs department or the township people's government (street office) of the place of household registration or habitual residence. Proof of financial difficulties issued by the Office).

If an enterprise requests a reduction in patent fees, it shall The request for fee reduction and payment must truthfully fill in the financial difficulties and submit a copy of the annual corporate income tax return for the previous year. During the settlement period, the enterprise shall submit a copy of the annual corporate income tax return for the previous year.

Public institutions, social groups, and non-profit scientific research institutions that request a reduction in patent fees must submit copies of legal person certification materials.

Article 8 After receiving the request for fee reduction, the State Intellectual Property Office shall conduct an examination and make a decision on whether to approve the fee reduction request. And notify the patent applicant or patentee.

Article 9 If a request for patent fee reduction falls under any of the following circumstances, it will not be approved:

(1) Failure to use the fee reduction request form formulated by the State Intellectual Property Office;

(2) The request for fee reduction is not signed or stamped;

(3) The request for fee reduction does not comply with the provisions of Article 2 or Article 3 of these Measures;

(4) The individual or unit requesting fee reduction fails to provide information that complies with Article 1 of these Measures. The supporting materials specified in Article 7;

(five ) The name of the patent applicant or patentee, or the name of the invention-creation in the request for fee reduction is inconsistent with the corresponding content in the patent application or patent registration book.

Article 10 When requesting a fee reduction approved by the State Intellectual Property Office, the patent applicant or patentee shall Within the time limit, the patent fee shall be paid according to the amount payable after approval. After the fee reduction request is approved, if the patent applicant or patentee changes, the patent applicant or patentee after the change shall re-register the unpaid fees. Submit a request for fee reduction.

Article 11 After a decision is made on the approval of a patent fee reduction request, if the State Intellectual Property Office discovers that there is an error in the decision, it shall correct it and promptly notify the patent applicant or patentee of the correction decision.

The patent applicant or patentee provides false information or false certification materials when requesting patent fee reduction , the State Intellectual Property Office shall revoke the decision to reduce patent fees after verification, notify the patent applicant or patentee to make up for the reduced fees within a specified period, and cancel their qualifications for fee reduction within five years starting from this year. If the payment is not made at the end of the period or the amount of the payment is insufficient, the payment will be deemed insufficient and corresponding actions will be taken in accordance with the law.

If a patent agency or patent agent helps, instructs, or induces a patent applicant or patentee to commit the above acts, it shall be dealt with in accordance with relevant regulations.

Article 12 These Measures will come into effect on September 1, 2016. Previous relevant provisions and In the event of any inconsistency between these Measures, these Measures shall prevail.

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