What fees should be included in the patent fee during the approval process

Shenzhen Luhao, you can be counted as R & D expenses, but also management fees.

1. Application Fee.

The deadline for payment of the application fee is two months from the filing date. The fees to be paid at the same time as the application fee also include the printing fee for the publication of the invention patent application and the additional fee for the application, and the priority claim fee shall be paid at the same time if priority is claimed. As to how much it costs to apply for a patent, it is important to know that if it is not paid or paid in full within the prescribed time limit, the patent application will be considered withdrawn.

The application fee for invention patent is 950 yuan (including 50 yuan for printing); The application fee for utility model patent is 500 yuan; The application fee for a design patent is 500 yuan. Examination fee. If the applicant requests substantive examination, he or she shall submit a request for substantive examination and pay the substantive examination fee.

This fee is only payable when applying for a patent for invention, and not when applying for a utility model or design. The examination fee for applying for an invention patent on Keyi is 2,500 yuan.

2. Patent registration fee.

As for how much it costs to apply for a patent, it's not just the application fee and examination fee. After receiving the notice of grant of patent and the notice of registration, the applicant needs to pay the registration fee for patent promotion and the printing fee for public announcement. 250 yuan for invention patent + 5 yuan for printing tax; 200 yuan for utility model patent + 5 yuan for printing tax; Design patent 200 yuan + printing tax 5 yuan.

3. Annual fee. During the validity period of the patent, if you want to maintain your rights, you need to pay an annual fee to the State Intellectual Property Office every year. The specific fees are as follows:

900 yuan for the 1st to 3rd years of invention patent, 1200 yuan for the 4th to 6th years, 2000 yuan for the 7th to 9th years, 4000 yuan for the 10th to 12th years, 6000 yuan for the 13th to 15th years, 8000 yuan for the 16th to 20th years, and late payment of annual fees (within 6 months) will be added monthly late fees; Utility model patents and design patents are 600 yuan for the first to third years, 900 yuan for the fourth to fifth years, 1,200 yuan for the 6th to 8th years, and 2,000 yuan for the 9th to 10th years.

Fourth, the reduction of patent costs.

If the applicant or patentee has real difficulties in paying the patent fee, he may request a mitigation. There are five types of fees that can be mitigated: application fees (including printing fees and surcharges), examination fees for invention patent applications, reexamination fees, maintenance fees for invention patent applications, and annual fees for three years from the year in which the patent is granted.

Other expenses will not be reduced. Where a request is made for reduction of patent fees, a written request for fee reduction shall be submitted, and the economic income status shall be filled in truthfully, and relevant supporting documents shall be attached if necessary.

The patent application fee includes the application fee, the patent registration fee and the annual fee, and the applicant can request a reduction in the patent fee if it is really difficult for the applicant to pay the patent fee. If you have any questions, please feel free to consult a lawyer.

The fee paid for the patent application shall be paid to the patent administration department, or it may be paid by post office or bank remittance, or in other ways prescribed by the patent administration department. The applicant shall pay the application fee, publication printing fee and other fees within the prescribed time, and if the priority is applied, the priority claim fee shall also be paid. If there is difficulty in payment, you can propose to defer payment or reduce payment.

[Legal basis].

Article 94 of the Detailed Rules for the Implementation of the Patent Law.

The various fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the Patent Administration Department, or by remittance through the post office or bank, or in other ways prescribed by the Patent Administration Department.

In case of overpayment, repayment or wrong payment of patent fees, the parties concerned may, within 3 years from the date of payment, submit a request for refund to the patent administration department, and the patent administration department shall refund it.

Article 95.

The applicant shall pay the application fee, publication printing fee and necessary application surcharge within 2 months from the filing date or within 15 days from the date of receipt of the acceptance notice.

If the applicant claims priority, he or she shall pay the priority claim fee at the same time as the application fee.

Article 100. If the applicant or patentee has difficulties in paying the various fees specified in these Rules, he or she may submit a request to the patent administration department for reduction or postponement of payment in accordance with the regulations.

Cost of patent application:

1. Utility model.

1) Application fee: 500 RMB.

2) Patent bank registration, stamp duty: a total of 205 yuan.

3) Annual fee: 600 yuan per year for 1-3 years, 900 yuan per year for 4-5 years, 1200 yuan per year for 6-8 years, and 2000 yuan per year for 9-10 years.

5) The surcharge for the instruction manual will be increased by 50 yuan per page from page 31. From page 301 onwards, an additional $100 per page will be added.

2. Invention patent:

1) Application fee: 900 RMB.

2) Printing fee: 50 yuan.

3) Patent registration, printing and printing costs: 205 yuan in total.

4) Substantive examination fee: 2,500 yuan.

5) Annual fee: 900 yuan per year for 1-3 years; 4-6 years: 1200 yuan per year; 2000 yuan per year for 7-9 years; 4,000 yuan per year for 10-12 years; 6,000 yuan per year for 13-15 years; 8,000 yuan per year for 16-20 years.

7) The surcharge for the instruction manual will be increased by 50 yuan per page from page 31. From page 301 onwards, an additional $100 per page will be added.

Article 26 of the Patent Law of the People's Republic of China provides that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Article 27 of the Patent Law of the People's Republic of China provides that if a socks apply for a design patent, the application shall be submitted, the ** or ** of the design, and a brief description of the design.

The applicant submits a request for the design of the product for which the patent protection is claimed.

1. Application fee: The deadline for payment of the application fee is within two months from the date of application or within 15 days from the date of receipt of the notice of acceptance. The fees to be paid at the same time as the filing fee also include the publication printing fee, the application surcharge, and the priority claim fee shall be paid at the same time if priority is claimed.

2. Substantive examination fee for invention patent application: The deadline for payment of substantive examination fee is three years from the filing date (or the earliest priority date if there is a priority claim).

3. Reexamination fee: The deadline for payment of reexamination fee is three months from the date on which the applicant receives the decision of rejection of the application from the Patent Office.

4. Fee for change of bibliographic matters, etc.: The deadline for payment of the fee for change of bibliographic matters, the fee for the request for patent evaluation report, and the fee for the request for invalidation is within one month from the date of filing the corresponding request.

6. Request fee for extension of time limit: If the applicant requests an extension of the time limit specified by the Patent Office, he or she shall submit a request for extension of time limit and pay the fee before the expiration date of the original time limit.

7. Patent registration fee, annual fee of the year of grant, publication printing fee, stamp duty: The deadline for payment of the above fees is two months from the date on which the applicant receives the notice of grant of patent right issued by the Patent Office.

8. Annual fee: The annual fee of the year in which the patent right is granted shall be paid within the time limit specified in the notice of registration formalities issued by the Patent Office or Kuanyuan, and the subsequent annual fee shall be paid before the expiration of the previous year. The expiration date of the payment period is the corresponding date of the filing date in that year.

9. Fees for the international phase of PCT application: Please refer to the information provided in the PCT business column on the official website of the State Intellectual Property Office.

10. Fees for PCT applications to enter the Chinese national phase: When going through the procedures for entering the Chinese national phase, the application fee, the publication and printing fee, and if necessary, the application surcharge and grace fee shall be paid. If priority is claimed, the priority claim fee shall be paid within 2 months from the date of entry; If the applicant files a request for restoration of the right of priority at the same time as entering the national phase, the fee for restoration of the right of priority shall be paid at the same time.

If the applicant makes corrections to the translation of the application documents, he or she shall pay a handling fee for correcting the translation errors within the time limit for submitting the translation correction. If necessary, the unitary restoration fee shall be paid within the time limit specified in the notice of the patent office. The deadline for payment of other fees is the same as for national applications.

The fee standard for patent application is as follows: The fee standard for patent application shall be jointly confirmed by the patent administration department in coordination with relevant departments. In addition, the parties concerned shall pay fees in accordance with the provisions when applying for a patent and going through other formalities with the patent administration department.

[Legal basis].Article 81 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

To apply for a patent and go through other formalities with the patent administration department, the applicant shall pay the fee in accordance with the regulations.

Article 98 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department shall notify the patentee to make up the payment within 6 months from the date of expiration of the annual fee payable, and at the same time pay the late fee; The amount of the late fee is calculated according to the amount of 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If the collateral reputation is not paid upon expiration, the patent right shall be terminated from the date on which the annual fee shall be paid upon expiration.