What are the procedures and fees for applying for an invention patent?

Patent is the abbreviation of patent right. It refers to the patent right enjoyed by the patentee over the invention and creation. That is, the state grants the inventor or creator or his successor the exclusive right to use his invention and creation within a certain period of time according to law. The emphasis here is on rights. Patent right is an exclusive right, which is exclusive and exclusive. What are the procedures and fees for applying for an invention patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the procedures and fees for applying for an invention patent

1. Consultation.

2. Write a technical briefing.

3. For Chinese patent search, search fee must be paid first.

Purpose: 1. Preliminarily confirm that the application content is in Chinese patent novelty; 2. Prevent infringement of the patent rights of others in the country. Operation: Search Chinese patents (that is, Chinese patents and patents applied by foreigners to China and published or announced). Additional search fees and translation fees will be charged for searching foreign language patents. Searching for an invention patent does not guarantee that the patent right will be granted. The main thing is to find existing technical documents that are close to the invention.

4. Agent. Ordinary agent: Basic agency fee is charged. Urgent agency: 40% of the basic agency fee will be charged. Based on the original materials provided by the applicant, the agent writes documents in compliance with the Patent Law and the Patent Law Implementation Details.Application documents specified in the "Regulations" and "Examination Guidelines".

5. Acceptance: The National Patent Office receives the mail or After submitting the application documents, the "Notice of Acceptance" will be sent back. The applicant shall pay the application fee (full fee 950 yuan) to the China Patent Office when picking up the "Notice of Acceptance" or within two months from the date of application. Pay according to the reduction ratio, and at the same time I charge a handling fee. The patent application will be deemed withdrawn if the fee is paid after the due date.

6. Preliminary review: The National Patent Office reviews the submitted application The document will undergo preliminary examination. The applicant will pay the examination fee to the Patent Office when receiving the "Notice of Preliminary Examination" or within 3 years from the date of application. The full examination fee is 2,500 yuan. If the applicant enjoys the mitigation treatment, the applicant will pay according to the mitigation ratio. If you entrust an agent, the patent agent will charge a handling fee (150 yuan). If you pay this examination fee early, you can enter the examination process earlier. If the examination fee is paid after the due date, the patent application will be deemed to be withdrawn.

7. Substantive examination: The examiner believes that the patent application If there are problems with novelty, inventiveness or practicality (i.e. the three properties of a patent), a first examination opinion notice will be issued to us, requiring the applicant to respond. If the applicant defends himself, he must go through the procedures to terminate the entrustment with our firm. The applicant entrusts For my defense, my firm charges a defense fee (writing a defense statement) that is no more than the basic agency fee. If the first defense is not passed, the defense fee will still be charged for the second defense, but the fees will decrease gradually. Each defense has a time limit. If the patent application is not responded to within the time limit, it will be deemed to be withdrawn.

8. Registration procedures: three characteristics of patent application If there are no questions or after passing the defense, the National Patent Office sends an "Authorization Notice". At this time, the applicant should pay the patent registration fee, the annual fee for the year of authorization and the outstanding maintenance fee. The payment deadline is from the date of receipt from the Patent Office. Within two months from the date of the authorization notice, late payment of the patent will be deemed as giving up the patent right.

9. Restoration of rights: If the above rights are lost and need to be restored, in addition to going through the rights restoration procedures and paying the owed fees, a restoration fee must be paid to the National Patent Office Rights request fee: 1,000 yuan.

10. Reexamination: If you are dissatisfied with the decision of the Patent Office to reject a patent application or not to grant a patent right, you can also request a reexamination to the Reexamination Committee of the State Intellectual Property Office.

Adjusted Patent Fee Items and Standards and Announcement on Related Matters (No. 75)

According to the Patent Law of the People's Republic of China and the Implementing Rules of the Patent Law of the People's Republic of China ", you must pay fees to apply for a patent and go through relevant procedures with the State Intellectual Property Office. According to the "Notice of the State Planning Commission and the Ministry of Finance on Adjusting Patent Fee Standards" issued by the National Development Planning Commission and the Ministry of Finance on December 29, 2000 "(Ji Pike [2000] No. 2441), the adjusted patent charging items and standards and related matters are now announced as follows: 1. Patent charging items and standards (amount unit: RMB) Domestic part

(1) Application fee

1. Invention Patent 900

Printing fee 50

2. Utility Model Patent 500

3. Design patent 500

(2) Invention patent application maintenance fee 300 per year

(3) Invention patent application examination fee 2,500

(4) Review fee

1. Invention patent 1000

2. Utility model Patent 300

3. Design patent 300

(5) Handling fee for changes in description

1. Changes in inventors, applicants, and patentees 200

2. Changes in patent agency and agent entrustment relationship 50

(6) Priority claim fee 80 per item

(7) Request fee for restoration of rights 1,000

(8) Cancellation request fee

1. Invention patent rights 30

2. Utility model patent Rights 20

3. Design patent rights 20

(9) Invalidity declaration request fee

1. Invention patent right 3000

2. Utility model patent right 1500

3. Design patent right 1500

(10) Compulsory license request fee

1. Invention patent 300

2. Utility model patent 200

(11) Compulsory license use ruling request fee 300

(12) Patent registration, printing, printing costs

1. Invention patent 255

2. Utility model patent 205

3. Design Patent 205

(Thirteen) Surcharge

1. The first extension request fee is 300 per month

Request fee for further extension is 2000 per month

2 .The claim surcharge will be increased by RMB 150 per item starting from item 11

3. The manual surcharge will be increased by 50 per page starting from page 31

100 per page starting from page 301

The above is the relevant content summarized by the editor of Legal Savior. If there is anything else you cannot understand about this article, you can find a lawyer for consultation and guidance through Legal Savior. They can tell you the answer directly.