What fees can be waived for patent application? Do I need to submit any proof?

The application fee, examination fee, reexamination fee, and annual fee for the first three years of grant can be reduced or exempted, and a certificate of financial hardship needs to be submitted to the local patent department, which can be handled by the local patent agency.

If an entity applies for a reduction, a certificate of fee reduction issued by the local patent office is required, but an individual application is not required.

The Patent Office may reduce certain fees (filing fee, examination fee for an invention application, maintenance fee for an invention application, reexamination fee and annual fee for three years after grant) for applicants who are in real difficulty. If the applicant is an individual, the above fee can be reduced by 70% (60% reduction in the reexamination fee), and if the applicant is an individual, the above fee can be reduced by 85% (80% reduction in the reexamination fee).

If a person 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 statement on their financial difficulties issued by the county-level civil affairs department or township people** (sub-district office) 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 of 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. Article 6 of the Measures for the Reduction of Patent Fees and Charges Where a patent applicant or patentee requests a reduction in the payment of patent airslip fees, he or she shall submit a request for fee reduction and relevant supporting materials.

1) Request for fee reduction. The request for fee reduction shall be signed or sealed by all applicants or patentees, and the annual income of each applicant shall be truthfully filled in the request for fee reduction.

2) Relevant supporting documents. If an individual applies for an application, a certificate of financial hardship issued by the department in charge of patent work of the people at or above the municipal level shall be provided; If the unit applies for it, it shall attach a certificate issued by the department of the department in charge of patent work at or above the municipal level.

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 documents such as the written request, the description and its abstract and the 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 that rely on genetic resources, the applicant shall clearly state 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.

The application materials for the mitigation of the use of the patent fee include: the application form for the certificate of the reduction of patent fees; A high-altitude copy of the applicant's business license or legal person certificate; Abstract of description of invention and utility model patent application; A copy of the notice of acceptance of the patent (for the filing of the applied patent).

The patent applicant or patentee meets one of the following conditions:

1) Individuals with an average monthly income of less than 3,500 yuan (10,000 yuan per year) in the previous year;

2) Enterprises with taxable income of less than 300,000 yuan in the previous year;

3) Public institutions, social organizations, and non-profit scientific research institutions;

Where two or more individuals or units are joint patent applicants or co-patentees, the provisions of the preceding paragraph shall be complied with.

Legal basis: Article 51 of the Patent Law of the People's Republic of China.

If any unit or individual is willing to exploit an open licensed patent, it shall notify the patentee in writing and pay the license fee in accordance with the published method and standard for payment of royalties, and shall obtain a patent exploitation license.

During the implementation period of the open license, the patentee shall be exempted or exempted from the annual patent fee paid by the patentee.

The patentee of an open license may grant a general license after negotiation with the licensee on the royalty, but may not grant an exclusive or exclusive license to the patent.

1. How to pay patent fees.

The annual fee is paid to the Chinese Patent Office from the year in which the patent is granted. The annual fee for the year of grant is as follows: Hu Shan shall add three months to the date of issuance of the notice of grant issued by the Chinese Patent Office.

For an invention patent application, if the grant date is after the due date for payment of maintenance fees, the patentee does not need to pay the annual fee for the current year. If the maintenance fee is not paid before the due date of the grant date, the annual fee shall be paid directly. If the maintenance fee has already been paid, the difference between the annual fee and the maintenance fee for the current year will be paid.

Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China stipulates that the first day of the various time limits stipulated in the Patent Law and the Implementing Rules shall not be counted in the time limit. Where the period is calculated in years or months, the corresponding day of the last month shall be the date on which the period expires, and where there is no corresponding day in that month, the last day of that month shall be the date on which the period expires.

Therefore, the year in which the annual fee is paid is counted from the date of filing the patent application to the same day of the following year, and the full year is called a year. The current year is the first year and the first year is the first year from the filing date, and the annual fee is paid within one month before the due date.

1) Application conditions.

1.Enterprises that apply for a patent fee reduction certificate must apply for a patent fee reduction certificate.

2.The applicant is an enterprise and socks in the area of Tianjin Binhai High-tech Industrial Development Zone.

2) Basis of laws and regulations (entries).

Detailed Rules for the Implementation of Patents of the People's Republic of

3) The text of the application and the model text.

Please go to the relevant window of the administrative licensing service hall of the high-tech zone for consultation.

4) A list of all materials to be submitted.

1.Provide a copy of the business license of the enterprise legal person and a copy of the official seal of the enterprise;

2.Submit the financial statements of the enterprise for the previous year; (Submit the financial statements of the previous year or the previous quarter and affix the financial seal of the enterprise).

Conditions for Reduction of Contributions. The applicant or patentee meets one of the following conditions:

1) Individuals with an average monthly income of less than 3,500 yuan (10,000 yuan per year) in the previous year;

2) Enterprises with taxable income of less than 300,000 yuan in the previous year;

3) Public institutions, social organizations, non-profit scientific research institutions or mountains;

Where two or more individuals or units are joint patent applicants or co-patentees, the provisions of the preceding paragraph shall be complied with.

If the applicant or patentee requests a fee reduction after the filing date, it is required to submit a Request for Fee Reduction (Applicable after the filing date) and fill in the filing certificate number for the reduction of the patent fee.

There is no condition for reducing contributions.

1) Failure to use the request for fee reduction formulated by the State Intellectual Property Office;

2) The request for fee reduction is not signed or sealed;

3) The request for fee reduction does not comply with the provisions of Article 2 or Article 3 of these Measures;

4) The individual or unit requesting the reduction of fees does not provide the supporting materials in accordance with the provisions of Article 7 of these Measures;

5) The name of the patent applicant or patentee, or the name of the invention-creation, in the request for fee reduction is inconsistent with the corresponding content in the patent application or patent register.

In order to gain the initiative in market competition and ensure the safety of their own production and sales, many enterprises choose to apply for patents, and their inventions are patented, so that their inventions are protected by national laws, prevent others from imitating enterprises to develop new technologies, and ensure healthy competition between enterprises. Legal.com also provides lawyer** consulting services, and you are welcome to provide legal advice.

What are the conditions for fee reduction for patent applications? What are the conditions for the reduction and exemption of patent application fees1, for the application for patent fee reduction, it is also necessary to meet certain conditions to enjoy the reduction of fees, patent applicants and patentees need to meet one of the following conditions to reduce the fee for patent application: (1) Individuals with an average monthly income of less than 3,500 yuan in the previous year, that is, individuals with an annual income of less than 10,000 yuan can reduce or exempt the fees for patent studio imitation applications.

2) Enterprises that have to pay tax in the previous year can only be exempted from patent application fees if the income is less than 300,000 yuan. (3) Public institutions, social organizations and non-profit scientific research institutions can also reduce or exempt the fees for applying for patents. (4) If two or more individuals or units apply for a joint patent, they also need to meet the above requirements in order to enjoy the reduction or exemption of patent application fees.

2. There are 4 types of fees that can be reduced or exempted for patent application: (1) The application fee can be reduced or reduced. However, the reduced application fee does not include the published printing fee and the application surcharge.

2) The substantive examination fee for an invention patent application can be waived or exempted. (3) The annual patent fee can be reduced for 6 years. (4) The reexamination fee of the patent application can be reduced or exempted.

The general process of patent application is the same as that of trademark registration application, which requires a series of processes to apply for the next chain of simple fiber, and the application process includes: acceptance, preliminary examination, publication, substantive examination and authorization of five stages, after authorization, a patent certificate is issued, and a patent application is successful. Since September 1, 2016, the Measures for Reducing the Payment of Patent Fees have been promulgated, which means that patents applied for from September 1, 2016 can be exempted from the fees of relevant patent applications.

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