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If you apply to **organization**, the fee will be paid after signing the contract, and if you apply by yourself, you will have to pay the official fee when you submit the application documents, so there is no fee to pay when you get the acceptance notice.
After submitting the application fee reduction letter, there will be a reduction ratio, including the application fee and some fees for invention patents.
The patentee has to pay a certain fee every year from the year in which the patent right is granted to the expiration of the patent protection term and the termination of the patent right, which varies with the change of the year, and this fee is the annual fee. It is the duty of the patentee to pay the annual fee.
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If you do a slowdown, the individual needs 75 yuan, the company's is 135 yuan, and the annual fee is paid every year, and the first 3 years of the reduction is 90 yuan a year.
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There is no need to pay a fee when receiving the notice of acceptance, you can pay the application fee when submitting the application, and after the patent is granted later, you need to pay the registration printing fee 205 and the annual fee for the first year. The validity period of the utility model application is ten years after the successful application, and the annual fee must be paid every year.
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There is no need to pay money, whether you apply as a unit or as an individual, the validity period of the utility model is ten years, and you have to pay a fee every year to retain the patent right.
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A utility model patent, also known as a small invention or a small patent, is the object of patent rights and the object of protection under the Patent Law, and refers to utility models for which patent rights should be granted in accordance with the law. A utility model usually refers to a new practical technical solution that is suitable for the shape, structure or combination of a product. These solutions can be practical technical solutions about the shape, structure, combination and other aspects of the product, or they can be practical technical solutions about the internal organization, relationship, layout and other aspects of the product.
Utility models are less technologically advanced than invention patents, but they are equally important in innovation and invention. Some countries list utility models as part of their invention patents, while others list them as separate patent types. In China, utility models are clearly listed as the objects of patent protection, and they are characterized by new and practical technology solutions that are suitable for the shape, structure or combination of products.
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Summary. A utility model patent refers to a patent right granted on the basis of prior art, in order to meet actual needs, and to make new technical improvements to products, methods or improvements with better practicability. The term of protection of a utility model patent is 10 years.
Compared with invention patents, utility model patents do not need to meet the "inventive" condition, but only need to have practicality and novelty. Utility model patents are simpler than invention patents in the application and examination process, and the cost is relatively low, making them easy to be adopted by start-ups. The main features of utility model patents include:
1.High requirements for practicability to solve practical problems; 2.The scope of protection is relatively narrow, mainly referring to the novel form of the patented product or patented process; 3.
The application requirements are simple and the processing cycle is short; 4.It has a wide range of applications and covers many different types of technical improvements, such as design, structure, function, materials, etc.
A utility model patent refers to a patent right granted on a new technical improvement made on a product, method or improvement with better practicability in order to meet actual needs on the basis of prior art. The term of protection of a utility model patent is 10 years. Compared with invention patents, utility model patents do not need to meet the "inventive" condition, but only need to be practical and novel.
Utility model patents are simpler than invention patents in the application and examination process, and the cost is relatively low, making them easy to be adopted by start-ups. The main features of utility model patents include:1
High requirements for practicability to solve practical problems; 2.The scope of protection is relatively narrow, mainly referring to the novel form of the patented product or patented process; 3.The application requirements are simple and the processing cycle is short; 4.
It has a wide range of applications and covers many different types of technical improvements, such as design, structure, function, materials, etc.
Take a look at the pro.
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Summary. A utility model patent is a form of intellectual property protection that is used to protect a new technological invention or design innovation with practical application value. Different from invention patents, utility model patents emphasize the practicality and innovation of technology, and do not require a high degree of inventive inventiveness.
The application for a utility model patent requires the following conditions to be met: novelty, applicability, and inventive step. The technology for which novelty is required has not been disclosed before the filing date.
Practicability requires that the technology has practical application value and can be applied within a certain range. Inventive step requires that the technology has improved or differed in the technical scheme compared with the prior art. The term of protection of a utility model patent is 10 years, which can generally be extended for another 10 years.
Within this period, the patentee may enjoy the exclusive right to the patented technology, and may file a lawsuit against others for unauthorized manufacturing, use, sales, etc., and claim economic compensation. Utility model patents have certain technical content and economic value, and for some relatively simple technological improvements or design innovations, you can choose to apply for utility model patents for protection, without having to seek protection for invention patents. Utility model patent applications are relatively simple and economical, suitable for small and medium-sized enterprises and individual inventors to protect their innovations.
A utility model patent is a form of intellectual property protection that is used to protect a new technological invention or design innovation with practical application value. Different from invention patents, utility model specialization emphasizes the practicality and innovation of technology, and does not require it to have a high degree of inventive creativity. The application for a utility model patent requires the following conditions to be met:
Novelty, practicality and inventive step. The technology for which novelty is required has not been disclosed before the filing date. Practicability requires that the technology has practical application value and can be applied within a certain range.
Inventive step requires that the technology has improved or differed in the technical scheme compared with the prior art. The term of protection of a utility model patent is 10 years, which can generally be extended for another 10 years. Within this period, the patentee may enjoy the exclusive right to the patented technology, and may file a lawsuit against others for unauthorized manufacturing, use, sales, etc., and claim economic compensation.
Utility model patents have certain technical content and economic value, and for some relatively simple technical improvements or design innovations, you can choose to apply for utility model patents for protection, rather than seeking the protection of invention dust patents. Utility model patent applications are relatively simple and economical, suitable for small and medium-sized enterprises and individual inventors to protect their innovations.
Look at the dear.
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Legal analysis: Utility model patent is one of the three types of patents (invention, utility model and appearance design), utility model refers to the shape, structure or combination of the product proposed to be suitable for practical new technical solutions. In the patent calendar, the requirements for the inventiveness and technical level of the utility model are lower than those of the invention patent, but the practical value is large, in this sense, the utility model is sometimes called a small invention or a small patent.
An invention patent is a type of patent that is protected by patent law. The Chinese Patent Law stipulates that there are three types of inventions that can be protected by patents, including inventions, utility models and designs.
Legal basis: Patent Law of the People's Republic of China Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.
An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.
Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.
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Legal analysis: Utility model patent: refers to the new technical solution suitable for practical use proposed for the shape, structure or combination of products. Where the product structure, shape, or combination of structure and shape, apply for a utility model patent.
Legal basis: Article 3 of the Patent Law of the People's Republic of China *** The patent administration department is responsible for managing the patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law. The people's departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the patent management work within their respective administrative areas.
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Legal analysis: Utility model patent is one of the three types of patents (invention, utility model and appearance), utility model refers to the shape, structure or combination of the product proposed for the application of a new technical solution.
Legal basis: Patent Law of the People's Republic of China Article 9 Only one patent can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.
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Legal basis: Patent Law of the People's Republic of China
Rule 60 The decision of the patent administration department to grant a compulsory license for exploitation shall be notified to the patentee in a timely manner, and shall be registered and announced. The decision to grant a compulsory license shall stipulate the scope and time for implementation in accordance with the reasons for the compulsory license. When the grounds for compulsory license are eliminated and do not occur again, the patent administration department shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 63 Where the patentee is dissatisfied with the decision of the patent administration department on the compulsory license, and the patentee and the unit or individual that has obtained the compulsory license for the exploitation are not satisfied with the ruling of the patent administration department on the royalties for the compulsory license, they may file a lawsuit with the people's court within three months from the date of receipt of the notice.
Article 65 Where the exploitation of the patent without the permission of the patentee infringes upon the patent right and a dispute arises, the parties shall settle the dispute through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent work finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.