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When applying for an invention patent, the applicant needs to pay the fee in accordance with the regulations, and after the application is successful, the corresponding annual fee needs to be paid. So what is the official fee and annual fee standard for invention patent application in 2019? This requires us to understand clearly, in order to know the provisions, the following is sorted out for you to answer, I hope it will be helpful to you.
What is the standard of official fee and annual fee for invention patent application in 2019 The original price of the official fee for invention patent application is 3450 yuan, including: application fee: 900 yuan, document printing fee:
50 yuan, substantive examination fee: 2500 yuan. After 85% reduction, it will cost 560 yuan, including:
Application fee: 135 yuan, document printing fee: 50 yuan, substantive examination fee:
375 yuan. After a 70% slowdown, it will cost 1070 yuan, including: application fee:
270 yuan, document printing fee: 50 yuan, substantive examination fee: 750 yuan.
The State Intellectual Property Office's "Measures for Reducing Patent Fees": Eligible applicants can reduce the annual fee for an individual or a unit by 85%, and the annual fee for invention patent application can be reduced for other circumstances
The full payment is 900 yuan, the individual is exempted from 135 yuan, and the unit is exempted from 270 yuan. 2. Invention patent application for 4-6 years: 1200 yuan for full payment, 180 yuan for individuals, and 360 yuan for units.
3. Invention patent application for 7-9 years: 2,000 yuan for full payment, 300 yuan for individuals, and 600 yuan for units. 4. Invention patent application for 10-12 years
The full payment is 4,000 yuan, the individual is exempted from 600 yuan, and the unit is exempted from 1,200 yuan. 5. Invention patent application for 13-15 years: 6,000 yuan for full payment, 900 yuan for individuals, and 1,800 yuan for units.
6. Invention patent application for 16-20 years: 8,000 yuan for full payment, 1,200 yuan for individuals, and 2,400 yuan for units.
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The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced to 1070 if the company fee reduction conditions are met, and 560 if the individual fee reduction conditions are met; There is also an annual fee of 255 and the year in which the authorization is granted.
The standard official fee for applying for a utility model or design patent is 500, which can be reduced to 150 if the company fee reduction conditions are met, and 75 if the individual fee reduction conditions are met; The annual fee of 205 and the year of authorization is also payable at the time of registration.
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The annual fee for invention patents is divided into two types: unqualified or no fee minus filing and fee reduction filing qualified.
Fee reduction filing is unqualified or no fee reduction filing fee standard:
1st to 3rd year, 900 yuan.
The 3rd-6th year, 1200 yuan.
7th-9th year, 2000 yuan.
10th-12th year, 4,000 yuan.
The 13th-15th year syndicate, 6,000 yuan.
The 16th-20th year, 8,000 yuan.
Fee reduction for filing qualifying fees (85% reduction):
1st-3rd year, 135 years.
The 3rd-6th year, 180 yuan.
7th-9th year, 300 yuan.
The 10th-12th year, 600 yuan.
13th-15th year, 900 yuan.
16th-20th year, 1200 yuan.
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The annual fee for invention patent application is as follows:
1. From the first to the third year, the annual fee is 900 yuan;
2. From the fourth to the sixth year, the annual fee standard is 1200 yuan;
3. From the seventh to the ninth year, the annual fee standard is 2,000 yuan;
4. From the tenth to the twelfth year, the annual fee standard is 4,000 yuan;
5. In the thirteenth to fifteenth years, the annual fee standard is 6,000 yuan;
6. In the sixteenth to twentieth years, the annual fee standard is 8,000 yuan.
Patent annuity fee refers to the fee payable by the patentee to the Patent Office in accordance with the provisions of the Patent Law from the year in which the patent right is granted, and during the validity period of the patent right.
The patent applicant or patentee may request a reduction in the following patent fees:
1. Application fee (excluding publication printing fee and application surcharge);
2. Fee for the substantive examination of invention patent application;
3. Annual fee (annual fee within six years from the year of grant of the patent);
4. Review fee.
Where a patent applicant or patentee requests a reduction in the payment of patent fees, a written request for a reduction in fees and relevant supporting materials shall be submitted. If a patent applicant or patentee submits a request for reduction of patent fees through the patent affairs service system and is reviewed and approved for filing, it is only necessary to submit a request for fee reduction within a natural year, and there is no need to submit relevant supporting materials.
If an individual requests a reduction in patent fees, he or she shall truthfully fill in his or her income in the previous year in the request for fee reduction, and at the same time submit the annual income certificate issued by the unit to which he belongs; If they do not have a fixed job, they shall submit a certificate of their economic hardship issued by the county-level civil affairs department or township people** at the place of household registration or habitual residence.
If an enterprise requests a reduction in patent fees, it shall truthfully fill in the request for fee reduction and submit a copy of the annual tax return of the enterprise income tax for the previous year. During the final settlement period, the enterprise shall submit a copy of the annual tax return of the enterprise income tax of the previous year. Where public institutions, social organizations, or non-profit scientific research institutions request a reduction in patent fees, they shall submit a copy of the certification materials of the legal person.
Legal basisArticle 7 of the Patent Law of the People's Republic of China.
No unit or individual may suppress an inventor's or designer's application for a patent for non-service invention-creation.
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed the invention or joint completion of the invention-creation by two or more units or individuals, or the invention-creation completed by one unit or individual under the entrustment of other units or individuals; After the application is approved, the applicant is the patentee.
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.
If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.
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Patent annuity fee: refers to the fee payable by the patentee to the Patent Office in accordance with the provisions of the Patent Law, starting from the year in which the patent right is granted, during the validity period of the patent right.
The annual fee of an invention patent is divided into two types: unqualified transfer or no fee reduction for filing and fee reduction for filing.
Fee reduction filing is unqualified or no fee reduction filing fee standard:
The 1st and 3rd years, 900 yuan.
The 3rd and 6th years, 1200 yuan.
7th-9th year, 2000 yuan.
10th-12th year, 4,000 yuan.
The 13th and 15th years, 6,000 yuan.
The 16th-20th year, 8,000 yuan.
Fee reduction for filing qualifying fees (85% reduction):
The 1st and 3rd years, 135 yuan.
The 3rd and 6th years, 180 yuan.
7th and 9th years, 300 yuan.
The 10th-12th year, 600 yuan.
The 13th and 15th years of the first spring infiltration, 900 yuan.
16th-20th year, 1200 yuan.
Legal basis: Article 43 of the Patent Law of the People's Republic of China The patentee shall pay the annual fee from the year in which the patent right is granted.
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1. The standard for the payment of annual fees for invention patents.
1st 3rd year (annual) 900
4th 6th year (annual) 1200
7th 9th year (annual) 2000
10th 12th year (annual) 4000
13th 15th year (annual) 6000
16th 20th year (annual) 8000
2. Invention patents after fee reduction.
1 to 3 years. 135 yuan trembling pei silver year (one person).
270 yuan a year (more than two people or units) eggplant feast.
4 6 years. 180 yuan a year (regardless of individual jujube or unit) 7 9 years. 2000 yuan a year (whether individual or unit) 10 12 years.
4000 yuan per year (regardless of individual or unit).
13-15 years.
6000 yuan per year (regardless of individual or unit).
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1) For the first to three years, the annual fee is 900 yuan;
2) From the fourth to the sixth year, the annual fee standard is 1,200 yuan;
3) For the seventh to ninth years, the annual fee is 2,000 yuan;
4) For the 10th to 12th years, the annual fee is 4,000 yuan;
5) For the thirteenth to fifteenth years, the annual fee standard is 6,000 yuan;
6) For the sixteenth to twentieth years, the annual fee standard is 8,000 yuan.
1. What are the characteristics of Jindou invention patents?
1) The term "invention" in the Patent Law refers to a new technical solution proposed for a product, process or improvement thereof.
2) Characteristics of invention patents.
1. Invention is a new technical solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research and experiments, and is generally composed of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions.
Product inventions include all things created by man, and process inventions include all methods that are produced through inventions using the laws of nature. Process inventions can be divided into two types: manufacturing methods and operation methods. In addition, an invention protected by patent law can also be an improvement on an existing product or process.
2. The invention for which a patent is granted shall be novel, inventive and practical.
1) Novelty means that there is no same invention or utility model that has been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no same invention or utility model that has been applied for by others to the Yuan Fengmen of the Patent Administration Department and recorded in the patent application documents published after the filing date.
2) Inventive step means that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantive characteristics and progress.
3) Utility means that the invention can be manufactured or used, and can produce positive effects.
As a state administrative unit, the Patent Office strictly implements all the fees stipulated by the state, whether it is the registration of patents or the filing of patent license contracts, the fees charged by Zuo are not owned by a certain staff member, and the corresponding bills must be issued after the completion of the charges.
2. What is the annual maintenance fee for patents?
The annual maintenance fee for a patent is also known as the annual patent fee. Patents are divided into inventions, utility models, and designs.
1) Annual fee for invention patent: 900 yuan for 1 3 years; 4 6 years: 1200 yuan; 7 9 years 2000 yuan; 10 12 years 4000 yuan; 13 6000 yuan for 15 years; 16 20 years 8000 yuan.
2) Annual fee for utility model and design: 600 yuan for 1 3 years; 4 5 years 900 yuan; 6 8 years 1200 yuan; 9 10 years 2000 yuan.
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Payment of annual fees: The annual fees of the year in which the patent is granted are paid at the same time as the registration of the mask, and the subsequent annual fees are paid before the expiration of the previous year. The annual fee can be paid by the applicant himself or by us.
Charging standards and basis.
a) Application Fee.
1. The printing fee of 900 invention patents is 50 yuan;
2. 500 yuan for utility model patent;
3. The design patent is 500 yuan.
2) The maintenance fee for each invention patent application is 300 yuan.
3) The examination fee of 2,500 yuan for invention patent application.
4) Fees for processing change records.
1. Change the inventor, applicant and patent right of 20 yuan;
2. Change the patent relationship of 50 yuan.
5) The priority requirement for each item is 80 yuan.
6) 1,000 yuan for the application for restoration of rights.
7) Cancellation Request Fee and Lu 1The invention patent right is 30 yuan;2.Utility model patent right 20 yuan;3.Design patent right 20 yuan;
8) Fees for compulsory license applications.
1. Invention patent 300 yuan;
2. 200 yuan for utility model patent
9) The fee for applying for a compulsory license award is 300 yuan;
10) Patent registration, printing, and printing fees.
1. Invention patent 255 yuan;
2. Utility model patent 205 yuan;
3. The design patent is 205 yuan.
xi) Surcharges.
1. The first extension of the deadline requires a fee of 300 yuanMonthly Extension Deadline Request Fee.
2,000 yuan;
2. The claim surcharge for item 11 shall be increased by 150 yuan for each item;
3. The manual surcharge is 50 yuan for adding pages (including manual drawings) from page 31, and the number of pages per page of page 301 (including drawings) is 100 yuan.
12) Annual Fees.
1. Invention patent for 1-3 years, 900 yuan, 4-6 years, 1200 yuan;7-9 years, 2000 yuan, 10-12 years, 4000 yuan;13 6000 yuan for 15 years; 16 20 years 8000 yuan.
2. Utility model patent for 1-3 years, 600 yuan;4 5 years 900 yuan; 6 8 years 1200 yuan; 9 10 years 2000 yuan.
3. Design patent for 1-3 years, 600 yuan;4 5 years 900 yuan; 6 8 years 1200 yuan; 9 10 years 2000 yuan.
Note: There are five cost reduction items: application fee, invention maintenance fee, invention examination fee, examination fee, and annual fee for three years after approval. The application fee, the invention examination fee and the annual fee for the next three years after the grant are 70 yuan for service inventions and 85 yuan for non-service inventions.
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