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At present, in addition to paying an average of US$4,000,500 per country, it is necessary to prepare about US$20,000 for five countries. There is also a fee for the international phase of the PCT, which includes a transmission, search and international preliminary examination fee of approximately RMB 2,100 (RMB) levied by the Chinese Patent Office and a basic, designation and handling fee of approximately RMB 1,150 (USD) imposed by the International Bureau. If the application is made by an individual in China; The fees imposed by the International Bureau could be reduced by 75 per cent.
When an applicant wishes to obtain protection for an invention in more than one country (usually more than 5 countries), it is appropriate to use the PCT route. Because only one international application needs to be filed with the Chinese Patent Office through the PCT route, there is no need to file a national application with each country separately. When the applicant only needs to apply for a patent in one country or a few countries, it is appropriate to use the Paris Convention route.
Questions about patents can be consulted in the United Property, the United Intellectual Property is approved by the State Intellectual Property Office to establish and supervise the institution, ** is 32266, supporting the patent management software cloud gourd app for enterprise users, industry practitioners and scientific research institutions and other objects, to provide intelligent and convenient management tools, to solve the common problems of enterprise intellectual property management, inquiry, transactions, etc., open the APP or applet can easily complete the trademark query, patent application, patent annuity payment, It has also realized multi-dimensional intelligent monitoring, and has basically realized more than 60 kinds of intelligent self-service of pan-intellectual property services.
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The postponement of national phase entry generally does not affect the timing of the grant of patent rights; 4. Through these two reports, the applicant can decide whether it is necessary to enter the intended designated country according to the market prospect and technological progress, and the designation fee and handling fee are about 1,150 yuan (US dollars). The national phase takes place in the patent office (known as a designated or elected office) of the country where the applicant wishes to obtain patent rights, requests patent protection from a foreign country, and the applicant has been provided with an international search report and an international preliminary examination report. US$50,000, mandatory procedures such as international search and international publication, and an optional international preliminary examination procedure.
It includes the formalities for national phase entry and the approval process at designated or elected Offices. The entry into the national phase has been postponed. 1 The international phase is the first stage of the procedure for the approval of an international application; 5. and is considered to have been filed on the same day in each of the designated countries.
2 The national phase is the second stage of the process for the examination of an international application. The applicant can file an application in Chinese, and if calculated in 5 countries, it is necessary to prepare about 20,000 2 to decide whether it is necessary to continue the national phase, and the patent office of each country will examine it in accordance with the provisions of its patent regulations. Once the international application has entered the national phase, the applicant can make a preliminary judgment about the prospect of the application being granted a patent in the national patent office.
The applicant only needs to submit a set of application documents to the Chinese Patent Office in Chinese (or English) to determine the filing date of the application. (iv) what benefits Chinese applicants can derive from the PCT procedure1; 2.before entering the national phase of each country; 3.
The applicant can file an application with the Chinese Patent Office; There is also the payment of the PCT international phase fee, which includes the transmission fee imposed by the Chinese Patent Office and the decision on whether or not to grant the patent; The fees imposed by the International Bureau could be reduced by 75 per cent. Generally, the Chinese Patent Office will issue the international preliminary examination report, formal examination, search fee and international preliminary examination fee of about RMB 2,100 (RMB) within 9 months from the date of receipt of the request for international preliminary examination, and the basic fee imposed by the International Bureau. It includes the receipt of international applications.
3) Procedures for the Examination and Approval of International ApplicationsThe examination and approval procedures for international applications include two stages: the international phase and the national phase. In the case of an international application filed by an individual in China, the cost of preparing the application is currently an average of US$4,000,5000 per country for each patent.
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The application fee for invention patent is 950 yuan (including 50 yuan for printing).
There are three types of patents, namely inventions, utility models, and designs.
The filing fees for each type of patent are explained separately below:
1. The application fee for invention patent is 950 yuan (including 50 yuan for printing);
2. The application fee for utility model patent is 500 yuan;
3. The application fee for design patent is 500 yuan;
4. The examination fee for invention application is 2,500 yuan.
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Part of the cost of filing a domestic patent (mitigated).Invention patent Utility model patent.
a. The application fee is 900 yuan and the actual payment is 270 yuan.
b ** fee 2500 yuan (see if you need it).
c Printing fee: $50.
d. The application examination fee should be 2,500 yuan, and the actual payment is 750 yuan.
e The application fee should be 500 yuan, and the actual payment is 150 yuan.
f The reexamination fee is 1,000 yuan, and the actual payment is 400 yuan.
g ** fee 1500 yuan (see if you need it).
h The review fee is $300.
Part of the fee for filing an international patentU.S. Patents: Application Fee $6,000 EU Patents: Application Fee $5,000.
Japanese Patents: Application Fee 5,000 USD Russian Patents: Application Fee 5,000 US Dollars.
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The cost of applying for different types of patents in different countries is different. The cost of applying for a patent for invention and utility model is different depending on the application route (PCT or Paris Convention). The following is the ** on the Zhimo platform, which is available for your reference:
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1. Invention patent:
The application fee is 900, the printing fee is 50, the substantive examination fee is 2500, and the patent registration, printing fee, stamp duty 255 and annual fee are 900 when the patent is about to be granted.
2. Utility model and design:
The application fee is 600, and the patent registration, printing fee, stamp duty 205 and annual fee 600 are paid when the patent is about to be granted.
2. Time for payment of patent annuity.
Clarify the method of calculating the patent year: from the filing date. For example:
If the filing date of the patent is March 1, 2014, then the first year is from March 1, 2014 to the last day of February 2015, and the second year is from March 1, 2015 to the last day of February 2016. The annual fee should be paid before the annual deadline of the following year, and the annual fee for the patent should be paid in February of each year, although you can do so in advance. If the delay is less than one month, the original fee will still be paid, and the delay time will be more than one month, and the late fee will be charged on a monthly basis, if the delay is more than 6 months, it means that the patentee has given up the patent right obtained, and the State Intellectual Property Office will change the legal status of the patent to the termination of the patent right.
Secondly, the payment of the annual fee does not have to be paid from the first year, before the patent is granted, the patent applicant will receive a notice of registration, and the whole notice will specify the year you want to pay the annual fee, this is the first year of the annual fee, this number is the first year of the year, this first year of the year is one of the parameters that need to be used in the annual fee calculator.
3. Procedures for changing patentees.
1. If the applicant or patentee transfers rights due to disputes over the ownership of rights and the inventor changes due to disputes over qualifications, if the dispute is resolved through negotiation, a signed or sealed agreement on the transfer of rights shall be submitted by all parties; If the dispute is determined by a judgment of a people's court, the judgment of the people's court that has taken legal effect shall be submitted, and after receiving the judgment, the patent office shall notify the other parties to inquire whether to file an appeal, and if it does not reply within the specified time limit (two months) or clearly does not appeal, the judgment shall take legal effect; Where an appeal is raised, the parties shall issue a notice of acceptance of the appeal, and the judgment of the original people's court shall not take legal effect.
2. If the patent applicant or patentee requests to change the patent applicant or patentee due to the transfer or gift of rights, the original or notarized copy of the assignment or gift contract must be submitted; The contract is concluded by a legal person, and the legal representative or authorized person must sign or seal the contract, and affix the official seal of the legal person or the special seal of the contract; Notarized documents must be submitted if necessary. Where a citizen concludes a contract, it shall be signed or sealed by the citizen; Notarized documents must be submitted if necessary. If there are multiple patent applicants or patentees, the supporting materials of the transfer or gift of the same intention of all the right holders shall be submitted.
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Legal Analysis: Preparation of Filing Costs At present, an average of US$4,000,500 is required to apply for a patent in each country, and about US$20,000 is required for five countries; There is also a fee for the international phase of the PCT, which includes a transmission, search and international preliminary examination fee of approximately RMB 2,100 (RMB) levied by the Chinese Patent Office and a basic, designation and handling fee of approximately RMB 1,150 (USD) imposed by the International Bureau. If it is an international application for promotion by an individual in China; The fees imposed by the International Bureau could be reduced by 75 per cent.
Legal basis: Patent Law of the People's Republic of China
Rule 42 The term of a patent right for invention shall be 20 years, the term of a patent right for utility model shall be 10 years, and the term of a patent right for a design right shall be 15 years, all of which shall be calculated from the date of filing.
Rule 45 From the date of the announcement of the grant of the patent right by the patent administration department, any unit or individual that considers that the grant of the patent right does not comply with the relevant provisions of this Law may request the patent administration department to declare the patent right invalid.
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 affairs 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 person who took the matter may file a lawsuit with the people's court in accordance with the "Civil Quarrel Litigation Law of the People's Republic of China".
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