What are the fee standards for patent applications?

We all know that after a patented inventor owns a patented technology, he will apply for a patent. After being approved by the State Intellectual Property Office, the inventor can officially own the patented technology. There are many types of patents. When applying for a patent for each type The materials that need to be submitted are slightly different, and the charging standards are not exactly the same. Below, the editor of Legal Savior Network will tell you about the patent application process and fees.

What are the fee standards for patent applications

According to the National Development and Reform Commission and the Ministry of Finance’s re-issuance of national intellectual property rights The Notice on the Bureau's Administrative Charging Standards and Other Related Issues (Fa Gai Price [2017] No. 270) stipulates:

Application fee: 900 for invention patent; 500 for utility model patent; 500 for design patent.

《Patent Law Implementing Rules》

Article 93 When applying for a patent and handling other procedures with the patent administration department of the State Council, the following fees shall be paid:

(1) Application fee, application surcharge, publication printing fee, priority claim fee;

(2) Substantive examination fees and reexamination fees for invention patent applications;

(3) Patent registration fee, announcement printing fee, annual fee;

(4) Request fee for restoration of rights and request fee for extension of time limit;

(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees for invalidation declarations .

Payment standards for 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.

Article 94 Patent Law and these Rules Various prescribed fees may be paid directly to the Patent Administration Department of the State Council, through post office or bank remittance, or in other ways prescribed by the Patent Administration Department of the State Council.

If payment is made by post office or bank remittance, the correct application number or patent number and the name of the fee paid shall be stated on the remittance sent to the Patent Administration Department of the State Council. If the payment does not comply with the provisions of this paragraph, It is deemed that the payment procedures have not been completed.

Report directly to the State Council If the patent administrative department pays the fee, the day of payment shall be the day of payment; if the fee is paid by post office remittance, the postmark date remitted by the post office shall be the date of payment; if the fee is paid by bank remittance, the date of actual remittance by the bank shall be the date of payment. Payment date.

Overpayment, double payment, wrong payment If the patent fee is paid, the party concerned may submit a refund request to the Patent Administration Department of the State Council within 3 years from the date of payment, and the Patent Administration Department of the State Council shall refund the fee.

Article 95 The applicant shall within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice Pay the application fee, publication printing fee and necessary application surcharge; if it is not paid upon expiration or is not paid in full, the application will be deemed withdrawn.

If the applicant claims priority, he shall pay the priority claim fee at the same time as the application fee; if the application fee is not paid or is not paid in full upon expiration, It is deemed that priority is not claimed.

In summary, the above As mentioned above, since there are huge financial interests behind a patented technology, if a company owns many patented technologies, then it will definitely have strong comprehensive strength and industry competitiveness. In addition, different patent types have different protection periods. Therefore, we must comprehensively consider the patent application process and costs, choose the most beneficial patent type to apply for, and protect our patent rights to the greatest extent.

If you still don’t understand anything about patent application or have other legal knowledge you would like to know Understood, the editor recommends that you log in to our Legal Savior Network website for online lawyer consultation, and they will give you detailed answers to your questions.