What are the regulations on the payment and mitigation of patent application fees
The Implementing Rules of the Patent Law stipulate that you must apply for a patent with the Patent Office and other procedures, fees must be paid in accordance with regulations. The application fee is explained as follows:
1. Payment How to apply for the application fee
The application fee and other fees are It can be paid directly to the Patent Office or the Patent Office agency, or it can be remitted through a bank or post office. If remittance is made through a bank or post office, the payment slip should be pasted in the postscript column of the remittance form or behind the fourth page of the letter remittance form, in which the patent application number, the name of the applicant or patentee, and the title of the fee ( Application fee) and the name of the invention. Banks that use electronic joint transfer (satellite transmission) should require the bank to indicate the application number and the abbreviation of the fee name in the fee purpose column. For example: "Shen" means the application fee (see the appendix for the abbreviation of fee names). However, this kind of requirement requires banks to charge special fees for sending telegrams. No matter which method the applicant uses to pay, if the application number and fee name are not stated when paying, or if they are written incorrectly, it will be deemed that the payment procedures have not been completed.
2. Time to pay the application fee
If you submit the application documents to the Patent Office or the Patent Office agency in person, you can pay the application fee on the spot after receiving the acceptance notice. If you mail the application documents to the Patent Office, The application fee should be paid after receiving the acceptance notice from the Patent Office.
3. Determination of payment date
If the application fee or other fees are paid to the Patent Office, the date of personal payment shall be the date of payment. If the fee is remitted to the Patent Office, if the remittance method complies with the provisions of 1 above, the date of remittance by the bank or post office shall be the date of payment. However, if it exceeds 15 days from the date of remittance to the date of receipt by the Patent Office, the date of receipt by the Patent Office shall be the date of payment, unless the post office or bank issues a certificate or provides evidence.
4. Amount of application fee
5. Correction of payment errors
If you pay various patent fees through post office or bank remittance, after receiving the fee invoice issued by our office, you should promptly check the patents listed on the invoice Application number, fee name, amount and remittance date. If any errors are found, they should be reported to the Patent Office within 7 days
Opinion, explaining the reason for the error and the correct data. When stating the opinion, the unified form (statement of opinion) developed by the Patent Office should be used. If the responsibility for the error lies with the applicant, a statement of opinion should be submitted The date of payment shall be the date of payment. If the responsibility lies with the Patent Office (the applicant shall provide evidence), the date of remittance of the original fee shall be the date of payment. If fees are paid to the Patent Office, all items listed on the invoice shall be checked after the Patent Office issues an invoice. , if an error is found, the Patent Office should be asked to correct it on the spot. If it is found that there is no error, it should sign in the payer column of the invoice.
6. Consequences of failure to pay or fully pay the application fee
If the applicant fails to pay or pays in full the application fee (including document printing fees, description and claim surcharges) within two months from the date of application, the applicant shall The patent application is deemed to have been withdrawn. Although the applicant paid the application fee, the procedures were improper (for example, the items listed on the payment slip were incomplete or had errors, or the payment slip was not attached), resulting in the payment being debited or refunded. , are deemed to be unpaid. The Patent Office will handle the application fee as unpaid.
7. Reduction of application fees and other expenses
If you really have difficulty paying fees for applying for a patent, you can request the Patent Office to reduce the application fees, examination fees, maintenance fees, reexamination fees and annual fees within three years after the patent is approved. Other fees cannot be reduced. When filing an application If you apply for mitigation at the same time, you can mitigate the above five expenses together after being approved. After the application, you can only request to mitigate the other four expenses that have not yet expired except the application fee. In addition to the application fee, the mitigation of other expenses should be within the amount of the fee. Submit it two months before the expiration of the payment period. If you request for reduction, you should submit a fee reduction request in a unified form developed by the Patent Office. Individuals should fill in the annual income. If there are multiple applicants, fill in the annual income of each person. If necessary The patent office may request proof.
8. Refund
If the applicant overpays, pays in error or repays the patent fee, the applicant shall submit the request to the Patent Office within one year from the date of payment, and the application shall be verified by the Patent Office. A refund should be made after more than one year. Generally, no refund will be given if the request is made more than one year later. The applicant can also request a refund when the applicant has paid the fee for a certain procedure, but in fact the procedure has not been started. For example: the applicant has paid the actual fee After the examination request fee is paid, if the application has been withdrawn or the application is deemed withdrawn before the substantive examination, you may request a refund.
Fee review. However, if the application fee is insufficient and the application is deemed withdrawn, a refund of part of the application fee already paid shall not be requested. Because the application process has already begun with acceptance, After the application is accepted, the rights that are the basis of foreign priority and domestic priority and other rights are also obtained, and the application procedure is also terminated when the application is deemed to be withdrawn. Go through various procedures that do not require time limits. If the procedures are deemed to have been withdrawn, If requested, except for the handling fee for change of bibliographic items, other handling fees can be requested to be refunded.
Patent application fee reduction conditions:
Patent applicants and patentees who can apply for reduced patent fees are individuals whose average monthly income in the previous year was less than 5,000 yuan (60,000 yuan per year), and whose taxable income in the previous year was less than 1 million Yuan's enterprise.
Legal basis:
According to the "Announcement of the State Intellectual Property Office on Adjusting the Conditions for Patent Fee Reduction and Trademark Registration Fee Standards (No. 316)"
"Notice of the Ministry of Finance and the National Development and Reform Commission on Issuing the "Measures for Reducing Patent Fees" (Finance and Taxation [2016] 〕No. 78) Article 3 stipulates that the conditions for patent applicants and patentees who can apply for a reduction in patent fees are adjusted from individuals with an average monthly income of less than 3,500 yuan in the previous year (42,000 yuan in the year) to the average monthly income in the previous year. Individuals whose taxable income is less than 5,000 yuan (60,000 yuan per year); enterprises whose taxable income in the previous year was less than 300,000 yuan, adjusted to enterprises whose taxable income in the previous year was less than 1 million yuan.
"Ministry of Finance and National Development and Reform Commission's Notice on Issuance of "Patent Fee Reduction" Notice of Measures" (Finance and Taxation [2016] No. 78)
Article 3 If a patent applicant or patentee meets one of the following conditions, he or she may request a reduction in the above fees from the State Intellectual Property Office:
(1) Individuals whose monthly income in the previous year was less than 3,500 yuan (annual 42,000 yuan);
(2) Enterprises whose taxable income in the previous year was less than 300,000 yuan;
(3) Public institutions, social groups, non-profit organizations For-profit scientific research institution.
If two or more individuals or units are joint patent applicants or joint patentees, they shall apply for Comply with the provisions of the preceding paragraph.
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