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Payment Instructions.
1. The applicant shall pay the application fee and application surcharge within two months from the filing date at the latest after receiving the notice of acceptance. If the applicant claims priority, he or she shall pay the priority claim fee at the same time as the application fee.
2. If the number of claims (including independent claims and dependent claims) of a patent application exceeds 10, a surcharge of 150 yuan shall be added for each claim from the eleventh claim; If the number of pages of the description (including the number of pages of the drawings) of a patent application exceeds 30 pages, a surcharge of 50 yuan per page shall be charged from page 31, and if it exceeds 300 pages, a surcharge of 100 yuan shall be charged per page from 301 pages.
3. All kinds of patent fees can be paid directly to the Patent Office of the State Intellectual Property Office, or they can be remitted through the post office or bank.
4. If the payment is made through the post office, please send it to the Fee Management Office of the Patent Office of the State Intellectual Property Office, No. 6, Xitucheng Road, Jimen Bridge, Haidian District, Beijing; The application number and the name of the fee should be written in the postscript column of the remittance form.
5. If the payment is made by bank remittance, please send it to the account name: Patent Office of the State Intellectual Property Office, opening bank: Industrial and Commercial Bank of China Beijing North Taipingzhuang Branch, account number 0200010009014400518; The application number and the name of the fee should be written in the bank remittance slip.
6. If the payment can only be made by electronic interbank remittance, the telegram fee shall be paid to the bank, and the bank shall be required to include at least the application number and the name of the fee in the reason column of the remittance form and send it to the Patent Office at the same time.
7. The 13-digit Arabic numeral of the application number should be filled in correctly (note: the last check digit may be a letter), and the decimal point does not need to be filled in.
8. The fees for each application shall be remitted separately, and the fees for two or more applications shall not be remitted in one document.
9. The following abbreviations can be used for the name of the fee:
Application Fee – Shen.
Priority claim fee - preferred.
Application Surcharge – Surcharge.
Patent Registration Fee - Registration.
Stamp Duty – Printing.
Annual Fee – Year.
Late fees – Delay.
Review Fee - Review.
Request for Stay Proceedings Fee – Stay.
Utility model search fee - actual inspection.
Extension Request Fee – Extension.
Fee for Request for Restoration of Rights - Restoration.
Request for Invalidation Fee – Invalidation
Bibliographic Change Fee – Change.
Compulsory License Request Fee – Compulsory License.
Request for award of compulsory licence royalties – compulsory adjudication.
10. If the remitter fails to go through the payment procedures in accordance with the above provisions, the remitter shall bear the legal consequences.
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No, just state which patent the fee belongs to.
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Legal analysis: 1. Registered users of online payment electronic application can log in to the electronic application website of the Patent Office and use the online payment system to pay according to the relevant requirements. Online payment is limited to users who have an electronic patent filing account to log in to the China Patent Electronic Application Network to pay the fee, and other users who apply for patents through ** institutions cannot use online payment.
2. Post office remittance or bank transfer, post office remittance to the Patent Office of the State Intellectual Property Office, bank transfer to the Patent Office of the State Intellectual Property Office, specific inquiries can be made at the Patent Office. When paying the patent annuity fee through the above two Kaidan remittance methods, the application number, the name of the fee (or abbreviation) and the itemized amount should be accurately indicated. If the application number and the name of the fee (or abbreviation) are not indicated, it will be deemed that the payment procedures have not been completed.
In addition, after the remittance transfer is completed, the user also needs to register and log in to the "Patent Payment Information Online Supplement and Management System" and fill in the relevant payment information. 3. The advantage of on-site payment at the office hall of the patent office or the window of the patent agency is that you can get the payment receipt on the spot, and you do not need to wait for the mailing receipt point to go to the window in person, and not all cities have a window to pay, and generally provincial capitals and larger cities will have the service window of the patent office office. 4. Entrusting a third-party annual fee manager to pay patent annuity fees on behalf of the market is a lot, good and bad, you can search on the Internet, you can monitor the annual fee period, you can also pay the annual fee and so on.
Legal basis: Patent Law of the People's Republic of China
Article 15 Where the co-owners of the right to apply for a patent or the patent right have an agreement on the exercise of the right, such agreement shall prevail. If there is no agreement, the co-owner may exploit the patent alone or license others to exploit the patent in the form of an ordinary license; Where others are licensed to exploit the patent, the royalties collected shall be distributed among the co-owners. Except as provided for in the preceding paragraph, the exercise of the joint right to apply for a patent or the patent right shall be subject to the consent of all the co-owners.
Article 16 The unit to which the patent right has been granted shall reward the inventor or designer of the service invention-creation; After the invention and creation patent is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
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The annual patent fee can be paid directly to the Patent Office or remitted through the postal office.
1. All fees paid to the Patent Office shall be marked with the correct application number, the abbreviation of the name of the fee and the itemized amount. Therefore, be sure to write the correct application number, fee name, abbreviation and itemized amount in the remittance message.
2. If the annual fee (except for the annual fee of the year of authorization) is not paid on time or the amount paid is insufficient, the annual fee may be paid within six months from the date of expiration, and the late fee shall be paid at the same time; 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 time limit is exceeded but less than one month, no late fee will be paid. If the supplementary payment time exceeds the prescribed period of one month, the late fee will be increased by 5% of the annual fee, up to a maximum of 25%. If the payment is not made upon expiration, the patent right shall be terminated from the date of expiration of the payment of annual fees.
Legal basis: Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China shall not be counted as the first day of the various time limits stipulated in the Patent Law and the Implementing Rules. If the term is calculated in years or months, the corresponding day of the last month shall be the expiration date of the period, and if there is no corresponding day in that month, the last day of the month shall be the expiration date of the period.
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OK. In order to adapt to the continuous development of patent fee business and provide more convenient patent fee service for patent payers, the patent payment information online supplement and management system is specially developed for the payer to submit detailed information of patent payment through the network. Payment Method:
1. Payment methods that can be submitted online for patent payment informationThe system provides three payment methods: bank remittance, post office remittance and window payment, which are supplementary and management functions of patent payment information. 2. Time limit for submitting patent fee information online (1) Bank remittance and post office remittance: According to the provisions of the examination guidelines, the payer shall provide the patent office with the necessary payment information such as the application number (or patent number), the name and amount of the fee, etc., when paying the fee.
If all necessary payment information is omitted or cannot be recorded on the bill of exchange when the fee is remitted through the post office or bank remittance, it shall be supplemented through the patent fee online supplementary payment information system no later than the second day on the date of remittance. (2) Face-to-face payment at the window of the Tomb and the elderly: If the fee is paid directly to the Patent Office (including the agents of the Patent Office), the payment information shall be provided through the Patent Fee Online Supplementary Payment Information System or by filling in the payment list on the day of payment.
Legal basisMeasures for Mitigation of Patent Fees
Article 2 If the applicant or patentee has real difficulties in paying the relevant patent fees, he may request the Patent Office of the State Intellectual Property Office (hereinafter referred to as the "Patent Office") to reduce the payment of the relevant fees in accordance with these Measures.
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Summary. Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year in which the patent right is granted.
Failure to pay the annual fee as required may result in the termination of the patent right. 2.The patentee shall not abuse the patent right, shall not use the patent right to monopolize, and shall not use the patent right to engage in unfair competition.
3.The patentee shall exploit the patent in a timely manner, and if the patentee does not exploit the patent and does not permit others to exploit the patent, it may apply for a compulsory license.
Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year in which the patent right is granted. Failure to pay the annual fee as required may result in the termination of the patent right.
2.The patentee shall not abuse the right to exclude the right to make profits, shall not use the patent right to monopolize, and shall not use the patent right to engage in unfair competition. 3.
The patentee shall exploit the patent in a timely manner, and if the patentee does not exploit the patent and does not permit others to exploit the patent, it may apply for a compulsory license.
The patent fee paid by someone before, the school with the name of the payer is not illegal.
It is not necessary to be the patentee, anyone can pay, it does not have to be a ** institution, and in some cases you can pay it yourself.
Not illegal. What I mean is that the name of the payer I am looking for is written on the school, which is different from the name of the payer.
It's not illegal. Not illegal.
Okay, you get off early.
Thank you. Is it really not illegal Thank you. Yes.
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The patent fee shall be paid by the patentee according to the payment standard. When applying for a patent and going through other procedures, it is necessary to pay the application fee, the application surcharge, the publication and printing fee, the priority claim fee, the substantive examination fee of the invention patent application, the reexamination fee, and other fees. In addition, an annual fee is required to be paid annually from the year in which the patent is granted.
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.
Article 93 of the Detailed Rules for the Implementation of the Patent Law.
When applying for a patent and going through other formalities with the patent administration department, the following fees shall be paid:
1) Application fee, application surcharge, publication printing fee, priority claim fee;
2) Fees for substantive examination and reexamination of invention patent applications;
3) Patent registration fees, publication printing fees, and annual fees;
4) Fees for requests for restoration of rights and requests for extension of time limits;
5) Fees for alteration of bibliographic items, fees for requests for patent evaluation reports, and fees for requests for invalidation.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the ***** administration department and the finance department in conjunction with the patent administration department.
It can be entrusted to a patent firm or a patentee. The patentee is a person who has obtained certain qualifications for patent applications and other patent affairs by others.
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