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After applying for a patent with the Patent Office, the patent owner will be protected by the law, and at the same time, the patentee will also need to pay the annual patent fee in accordance with the provisions of the law. So how to pay the patent annuity fee? What are the ways to pay patent annuities?
How to pay the patent annuity fee? What are the ways to pay patent annuities? How to pay the patent annuity fee?
What are the ways to pay patent annuities? (1) Pay the patent annuity fee in person: When paying the annual fee, the payer should clarify the patent number and the amount of the annual fee that should be paid, and carefully fill in the payment list, and verify the "Fee Receipt" in person after payment.
The Patent Office of the State Intellectual Property Office (face-to-face payment) is in the reception hall. Working hours are 8:00am-4:00 am daily
30pm, no work on holidays. According to Article 6 of the Detailed Rules for the Implementation of the Patent Law, if the expiration date of the time limit falls on a statutory holiday, the first working day after the holiday shall be the expiration date of the time limit. If the deadline for the applicant or patentee to pay the fee is a statutory holiday, the payment can be made on the first working day after the holiday.
In addition, the applicant or patent owner can also pay the patent fee by mail during holidays. (2) Pay the patent annuity fee by mail: If you send money through the post office, you must fill in the necessary payment information in the message office, and the patent number must be written at the end of the remittance form.
3) Bank remittance: By bank transfer, the patent number and the name of the fee shall be written in the appendix of the bank remittance form.
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There are currently four ways to pay patent annuities, which are as follows:
1. Online payment (** payment), users who apply for 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 application 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, the details can be inquired on the official website of the Patent Office. When paying the patent annuity fee through the above two remittance methods, the application number, the name of the fee (or abbreviation) and the itemized amount should be accurately stated. 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 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. On-site payment in the office hall of the patent office or at the window of the patent agency in various places, the advantage of on-site payment at the window is that you can get the payment receipt on the spot, without waiting for the mailing receipt; The disadvantage is that you need to go to the window in person; Moreover, not all cities have a window to pay fees, and generally provincial capitals and larger cities will have a service window for the patent office.
4. Entrust a third-party annual fee manager to pay the patent annuity fee on behalf of you, there are many on the market, the good and the bad are uneven, you can search on it, you can monitor the annual fee period, you can also pay the annual fee on behalf of the company, etc.
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The most common way to pay the patent annuity fee is to go directly to the service window in the lobby of the patent office. When filling in **, you should be careful and do not fill in the wrong way, so as not to cause failure in payment. Let's take a look at the payment methods and some precautions. <>
2. Pay directly to the local patent office. Pay patent fees directly to the patent office or its ** institution, which is currently the most used method, but it has a disadvantage, that is, it is necessary to pay the fee on working days, which is usually not processed on Saturdays and Sundays.
3. Remittance and payment. Patent fees can be remitted through a bank or post office, and when a patent fee is remitted through a bank or post office, the correct application number or patent number, as well as the name or abbreviation of the fee, should be indicated in the postscript of the remittance form. <>
1. For more than 1 day to 1 month (including 1 month), only the annual fee needs to be paid, and no late fee is required;
2.If the overdue period exceeds 1 month to 2 months (including 2 full months), the late fee payable is 5% of the full annual fee;
3. If it is overdue for more than 2 months to 3 months (including 3 full months), the late fee payable is 10% of the full annual fee;
4.If the overdue period exceeds 3 months to 4 months (including 4 full months), the late fee payable is 15% of the full annual fee; <
Therefore, after applying for the grant of a patent right, the patentee should pay the annual patent fee within the prescribed time every year, and try not to overdue the patent fee. The annual fee for the next year should be paid in advance within one month before the general patent application date, but if it is not paid within the specified time or the payment amount is insufficient, it can be returned within 6 months after the expiration of the annual fee, and the corresponding amount of late fee shall be paid at the same time, otherwise the patent right will be lost! Remember!
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Here are some of my experiences:
1. Online payment.
Official** on their own operation to pay the fee. Online payment requires registration, and the registration process is more complicated.
2. Post office remittance or bank transfer.
It is necessary to remit money to the Patent Office of the State Intellectual Property Office for a fee. When sending money, you need to fill in the application number and the name of the fee (or abbreviation), otherwise the patent office will refuse to accept the payment. In addition, after the remittance is completed, you also need to register and log in to the patent payment information online supplement and management system, and fill in the relevant payment information.
3. On-site payment at the window.
You can also go to the window to pay on the spot (I haven't tried this). It should be noted that not all cities have a window to pay fees, and generally provincial capitals and larger cities will only have a service window for patent office offices.
However, all of the above methods are not only complicated by the payment procedure, but also require you to monitor the deadline yourself. The landlord should also know that each patent has its own payment period, and you can only pay a few patents each time, and you have to pay a few more in a few months. But if you don't pay on time, the patent will expire again, which is a headache.
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Payments can be made directly to the local patent office, or by post office or bank transfer. E-filing users can also log in to the e-filing official and pay patent fees using the payment method. In addition, if you really don't know, you can also pay the annual fee through the patent ** agency.
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Payment can be made to the Patent Office, or by remittance at the post office, as long as the correct application number is stated. There are two ways.
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After the patent application is approved and granted by the Chinese Patent Office, the patentee shall pay the annual fee to the Chinese Patent Office on time. The annual fee standards for invention patents, utility model patents and design patents are different, but the term and payment method are the same. By bank transfer or post office, for the State Intellectual Property Office; You can pay cash or cheque to your local patent** office.
The annual calculation method for the payment of patent annuity fees is the same as the annual calculation method for maintaining an invention patent. Article 6 of the Detailed Rules for the Implementation of the Patent Law stipulates that the first day of the various time limits stipulated in the Patent Law and the Implementing Rules of the Patent Law shall not be counted as time limits. If the term is calculated in years or months, the corresponding date of the last month shall be the term expiration date.
If there is no corresponding date in the current month, the last day of the month shall be the expiration date of the period. Therefore, the year in which the annual fee is paid is from the date of filing the patent to the same day of the following year, and the whole year is called a year. The current year is the first year from the date of application, and the first year is the first year.
The annual fee is due within one month prior to the due date.
Article 98 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 the annual fee or fails to pay it in full, the patent administration department shall notify the patentee to pay the annual fee within 6 months from the date on which the annual fee should be paid, and at the same time pay the late fee; For each month that exceeds the prescribed payment time, the late fee will be calculated at 5% of the full annual fee of the current year; If the patent right is not paid upon expiration, the patent right shall terminate on the date of expiration of the annual fee payable.
The annual fee shall be paid to the Chinese Patent Office in the year in which the patent right is granted. The annual fee for the grant year is as follows, and the date of issuance of the notice of grant by the Chinese Patent Office plus 3 months is the date of grant. For an invention patent application, after the expiration of the maintenance fee payment period on the date of grant, the patentee does not need to pay the annual fee of the current year.
If the grant date is before the due payment date, the annual fee shall be paid directly if the maintenance fee is not paid; If the maintenance fee has been paid, the difference between the annual fee and the maintenance fee of the current year shall be made up.
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It is very well understood, and this payment method is particularly reasonable, and it is also very convenient, and there will be certain vouchers, so it is very understanding.
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I don't know a lot about this. If the patent application is approved at this time, the patentee should pay the annual fee to the local Chinese Patent Office, and the patent annuity fee standard at this time is different, but the term and payment method are the same. In this case, you can transfer money by bank or post office.
The remittance object is the State Intellectual Property Office, and at this time, you can also pay cash or check to the local patent agency. If the term is one year or one month, the corresponding date of the last month at that time shall be the expiration date of the term.
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You can pay in cash, you can also make a transfer, and you can also go to the ** institution to pay the fee, you can pay the fee on an annual basis.
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The payment method of patent annuity fee is: bank remittance or post office remittance to the State Intellectual Property Office. Alternatively, you can pay cash or a cheque to your local patent office. The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year.
Detailed Rules for the Implementation of the Patent Law of the People's Republic of China
Article 97.
When the applicant goes through the registration formalities, he shall pay the patent registration fee, the printing fee of the public notice and the annual fee of the year in which the patent right is granted;
If the payment is not made or the payment is not in full at the expiration of the period, it shall be deemed that the registration formalities for sending false funds have not been completed.
Detailed Rules for the Implementation of the Patent Law of the People's Republic of China
Article 98.
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 payment is not made upon expiration, the patent right shall be terminated from the date of expiration of the annual fee payable.
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The payment method of the annual fee is to remit to the State Intellectual Property Office through bank transfer or post office. Alternatively, you can pay cash or a cheque to your local patent office. The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year.
Article 97 of the Detailed Rules for the Implementation of the Patent Law.
When the applicant goes through the registration formalities, he shall pay the registration fee of the patent, the printing fee of the announcement and the annual fee of the year in which the patent right is granted; If the payment is not made or the payment is not paid in full at the expiration of the time limit, it shall be deemed that the registration formalities have not been completed.
Article 98.
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 the 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 payment is not made upon expiration, the patent right shall be terminated from the date of expiration of the annual fee payable.
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1. Electronic filing users can log in to the electronic application network and use the online payment method to pay the patent fee.
2. You can also pay the patent fee directly to the Patent Office or the Patent Office Agency.
3. In addition, patent fees can be remitted through banks or post offices. When remitting patent fees through a bank or post office, the correct application number (or patent number) and the name of the fee (or abbreviation) should be written in the postscript column of the remittance slip.
1. Late payment fee for patent annuity fee.
After the grant of the patent application, the person applying for the patent shall pay the annual fee of the year in which the patent right is granted in addition to the patent registration fee when going through the registration formalities. The annual fee for each subsequent year shall be paid in advance within one month before the expiration of the previous year. If the payment is not made within the specified time or the amount is insufficient, the annual fee can be paid within 6 months from the date of expiration, and the corresponding amount of late fee shall be paid at the same time, otherwise the patent right will be lost!
The specific calculation method for paying the late payment fee is as follows:
1. If the specified period exceeds the specified period by 1 day to 1 month (including 1 whole month), only eggplant seepage needs to pay the annual fee, and there is no need to pay the late fee;
2. If the deadline exceeds 1 month to 2 months (including 2 whole months), the amount of late fee to be paid is 5% of the full annual fee;
3. If the deadline exceeds the specified period by 2 months to 3 months (including 3 full months), the amount of late fee to be paid is 10% of the full annual fee;
4. If the deadline is exceeded by 3 months to 4 months (including 4 full months), the amount of late fee to be paid is 15% of the full annual fee;
5. If the deadline exceeds the specified period of 4 months to 5 months (including 5 full months), the amount of late fee to be paid is 20% of the full annual fee;
6. If the deadline exceeds the specified period by 5 months to 6 months (including 6 full months), the amount of late fee to be paid is 25% of the full annual fee.
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