What is the annual fee for invention patents
900 yuan for the first to third years (each year)
1,200 yuan in the 4th to 6th years (each year)
2,000 yuan in the 7th to 9th years (each year)
p>RMB 4,000 in the 10th to 12th years (each year)
6,000 yuan in the 13th to 15th years (each year)
8,000 yuan for the 16th to 20th year (each year)
What is an invention patent
Invention patent (patentforinvention) is a category of inventions that can be patented under the Chinese Patent Law. There are three types of inventions, utility models and designs. The significance is to protect the inventor and improve the quality of the invention. Positivity. Invention patent protection can be protected by intellectual property law and patent law. After successful application, go through the registration procedures and pay the annual fee on time.
Characteristics of invention patents
Proprietary
Proprietary property, also known as "exclusivity", refers to the patentee's exclusive right to manufacture, use, sell, import and export his invention. In other words, no other unit or individual may manufacture, use, sell, offer for sale, import or export its patented products, use its patented methods, or use its patented methods for production or business purposes without the permission of the patentee. Manufacture, use, sale, offer for sale, and import and export of products directly obtained according to the method for production and business purposes. Otherwise, it is patent infringement.
Regionality
Based on the principle of patent independence stipulated in the Paris Convention, the regional characteristics of Patent rights, refer to the patent rights granted by a country in accordance with its own patent law. They are only valid within the jurisdiction of the laws of that country and have no binding force on other countries. Foreign countries do not assume the obligation to protect their patents. , for an invention-creation that has only obtained patent rights in China, the patentee only enjoys patent rights or exclusive rights in China. If someone produces, uses or sells the invention in other countries and regions, it does not constitute infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if a Chinese unit or individual develops an invention with international market prospects, it is not only a matter of timely application for a domestic patent, but also a matter of seizing the opportunity to own it. Other countries and regions with good market prospects must apply for patents, otherwise foreign markets will not be protected. Temporality: The so-called temporality means that the patentee’s exclusive rights granted by law to his invention and creation are only valid within the time specified by the law. After the expiration of the period, the patentee no longer has the right to manufacture his invention and creation. , use, sell, offer for sale and import exclusive rights. At this point, the inventions and creations originally protected by law have become the public wealth of society, and any unit or individual can use them free of charge.
Periodality
Patent laws in various countries have clear provisions on the protection period of invention patent rights. It generally ranges from 10 to 20 years from the date of application; for utility model and design patent rights, most countries stipulate that the term is 5 to 10 years. China’s current patent law stipulates that invention patents, utility model patents and design patents The protection periods of patents are 20 years, 10 years and 10 years respectively from the date of application.
Intangibility
Patent rights are intangible. Many people often regard this aspect of patent rights as The characteristics are regarded as the object of protection - the technology protected by patent rights. In fact, the intangibility is the patent itself. Otherwise, for a trademark, its object is a pattern, which is obviously not intangible.
Under what circumstances will an invention patent be rejected?
The Patent Office of the State Intellectual Property Office is reviewing inventions During substantive examination of a patent application, if it is found that the application has the following circumstances, the application will be rejected:
(1) The subject of the application is not an invention;
(2) The subject of the application violates national laws, social ethics or harms public interests;
(3) The subject of the application The subject matter belongs to a technical field for which patent rights are not granted.Domain;
(4) The subject of the application does not have novelty, creativity or practicality;
(5) The subject matter of the application does not meet the requirement that "only one patent can be granted for the same invention and creation";
(6) The description of the application does not describe the invention A clear and complete description of the creation; the claims of the application are not based on the description to explain the scope of patent protection required;
(7) The subject matter of the application does not meet the requirements Provisions on unity requirements for invention patent applications;
(8) Amendments to application documents or divisional applications exceed the scope recorded in the original description or claims .
According to relevant laws, the maximum protection period for invention patents is 20 years, and within these 20 years, the patentee needs to pay annual fees in accordance with regulations, and The annual patent fee may vary.
The standard annual fee for invention patents is 900 yuan in the first to third years, 1,200 yuan in the 4th to 6th years, and 2,000 yuan in the 7th to 9th years, increasing year by year. If you have any other questions, please feel free to consult online.
No comments yet. Say something...