What is Patent Grant? What are the conditions for patent grants?

What is the patent subsidy policy?

1) Funding for domestic patents.

1. After the invention patent is authorized, the application fee for each subsidy is 1,500 yuan for unit applicants and 1,000 yuan for individual applicants;

2. After the grant of utility model and design patents, the application fee for each subsidy is 150 yuan.

The service fee for domestic invention patents entrusted to the city's patent ** institutions will be subsidized with 1,000 yuan per piece after authorization.

1) Preferential funding for domestic authorized invention patents.

Annual fee for seven and eight years, the subsidy amount shall not exceed 500 yuan per year for each piece;

2) The annual fee for the first three years after the grant of invention patents for small and micro enterprises shall be subsidized according to the amount standard after the cost reduction;

3) If the invention (standard) patent is submitted to Hong Kong, Macao and Taiwan and is authorized (registered), it shall be handled in accordance with the domestic invention patent funding standards;

4) The annual amount of patent subsidy provided for in this article shall not exceed 2 million yuan for unit applicants, and the amount of annual subsidy for individual applicants shall not exceed 100,000 yuan.

2) Subsidies for applying for patents abroad.

1. If the invention patent has been authorized in the United States, Japan and the European Patent Office, the subsidy for each country shall not exceed 20,000 yuan;

2. If the invention patent is authorized in other countries, the subsidy for each country shall not exceed 10,000 yuan. No more than five countries will be funded for each invention patent.

1) The subsidy fee includes the official fee paid by the applicant to the relevant patent examination authority and the patent service fee paid to the domestic patent examination agency;

2) The annual amount of patent subsidy provided for in this article shall not exceed 1 million yuan for the unit applicant and 100,000 yuan for the individual applicant.

Foshan Patent Funding Policy.

1.If there are more than 30 Chinese invention patent applications of the same unit, each subsidy will be 1,000 yuan; If there are more than 50 pieces, each piece will be subsidized with 1,200 yuan; More than 100 pieces, each subsidy is 1,500 yuan; More than 200 pieces, each subsidy is 2,000 yuan. The confirmation of the number of applications shall be subject to the notice of obtaining the substantive examination of the invention patent.

2.After obtaining the authorization of the Chinese invention patent, the patentee will be given a subsidy of 5,000 yuan for each piece. If more than 20 Chinese invention patents are authorized by the same unit, a subsidy of 6,000 yuan will be provided for each piece; If there are more than 50 pieces, 8,000 yuan will be subsidized for each piece.

3.The annual fee for the fourth to sixth year after the grant of a Chinese invention patent shall be 50% of the annual fee of the current year for each patent.

4.International PCT patent applications filed under the Patent Cooperation Treaty are subsidized at a rate of $5,000 per PCT. Invention patents authorized by the United States, Japan and EU countries will be subsidized with 50,000 yuan each; Invention patents authorized by other countries and regions will be subsidized with 30,000 yuan each.

Where the same invention patent is granted by more than one country or region, a maximum of two countries or regions shall be funded.

5.After the Chinese invention patent of **organization** is authorized, each subsidy is 1,000 yuan. **If more than 20 invention patents are authorized in China, each subsidy will be 1,200 yuan; If there are more than 50 pieces, each piece will be subsidized with 1,500 yuan; If there are more than 100 pieces, each piece will be subsidized with 2,000 yuan.

6.If there are more than 50 Chinese invention patent applications of **institution**, each subsidy is 1,000 yuan; If there are more than 100 pieces, each piece will be subsidized with 2,000 yuan. **The confirmation of the quantity is subject to the notice of obtaining the substantive examination of the invention patent.

Article 8 In the previous year, a new patent ** institution was established, and a one-time subsidy of 200,000 yuan was provided. A one-time subsidy of 100,000 yuan will be given to the newly established branch of the patent institution.

1. Patent application.

The patent system is a legal system for the protection of intellectual property rights in inventions and creations under the conditions of a market economy. Paragraph 2 of Article 9 of the Patent Law stipulates that 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 first, which is the first-to-file principle. Therefore, all inventions and innovations that meet the patent conditions should apply for a patent as soon as possible in order to obtain the legal protection of the state.

To apply for a patent, the necessary application documents must be submitted to the State Intellectual Property Office in accordance with the regulations. To apply for a patent for invention or utility model, a request, description, claims, abstract and necessary drawings and other documents shall be submitted. To apply for a design patent, documents such as a written request, a ** or ** of the design, and a brief description shall be submitted.

The patent application documents can be written by the applicant himself or by the patentee.

2. Whether there is a subsidy for applying for a patent.

Generally, a subsidy of 3,000 yuan will be given, and a subsidy of 1,000 yuan will be given to eligible enterprises for maintaining their first invention patent for more than 5 years. After the invention patent is authorized, a maximum of 10,000 yuan will be subsidized.

1) The application fee (including the application fee, the application surcharge, the publication and printing fee and the priority claim fee) shall be subsidized at 80% of the actual amount paid after the acceptance of the patent application;

2) Substantive examination fees and grant fees (including patent registration fees, publication printing fees and annual fees for the year of grant) shall be subsidized according to the amount actually paid to Sun Na Na after the grant;

3) The annual fee for the second and third years after authorization shall be subsidized according to 80% of the actual amount paid;

4) Patent fees, which shall be subsidized at a rate of no more than RMB 2,000 per item after authorization.

3. Patent precautions.

The patentee shall pay the annual patent fee on time every year. Failure to pay the annual fee as required will result in early termination of the patent right;

If the patentee wants to transfer the patent right, it shall enter into a written assignment contract and register the contract with the State Intellectual Property Office, and the assignment of the patent right shall take effect from the date of registration;

If the patentee or other right holder licenses others to exploit the patent, it shall enter into a written exploitation license contract, which shall be filed with the State Intellectual Property Office within 3 months from the effective date;

The patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product;

If the patentee or other right holder pledges its patent right, it shall enter into a written contract and go through the pledge registration with the State Intellectual Property Office, and the pledge contract shall take effect from the date of registration.

Conditions for application: When applying for patent subsidy funds for those who are in the key technical fields and industries of the state, belong to the high-tech field, have transformation value and have great market prospects, and those who have difficulties in applying for invention patent funds, they should first meet the following conditions:

1. Citizens, enterprises or other organizations that have a permanent residence or business place within the administrative jurisdiction of Harbin and have applied for patents;

2. The patented technology has high technical content and good market development prospects, and is expected to produce good economic and social benefits;

3. The technology for which the patent is applied does not have obvious defects that do not grant the patent;

4. The applicant has difficulties in paying the patent fee;

5. The fee for applying for the subsidy shall be the fee that has been paid to the State Intellectual Property Office;

6. Those who have not applied for patent subsidy funds to the Provincial Intellectual Property Office;

7. Patents declared since the current year.

Secondly, citizens, enterprises or other organizations applying for the use of patent subsidy funds shall submit the following materials:

1. Harbin patent application subsidy fund application application fund application

2. Party and government organs, enterprises, institutions or other organizations applying for patent subsidies shall provide a copy of the business license and certificate of the legal person; If an individual applies for a patent subsidy, a copy of his or her ID card shall be provided;

3. The original and photocopy of the invoice for the application and payment of the patent application issued by the national intellectual property or its agency shall be provided; If the patent applicant is an enterprise, institution or other organization, if the original invoice for the payment of the patent application has been entered into the financial account, the original must be presented, returned after examination and seal, and the copy shall be retained by the Municipal Intellectual Property Office.

4. The original and photocopy of the notice of patent acceptance of the State Intellectual Property Office;

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Generally, the provincial IP office will issue the grant in a fixed month of the year, but only if you submit the request for funding at the same time as you submit the patent application.

Some areas have subsidies, which depends on whether there is a corresponding policy in the location of your business.

Methods for handling patent application funding: The unit to which the patent right is granted may award or pay remuneration by agreement with the inventor or designer or in accordance with the provisions of the law. In addition, the rewards and remuneration shall be handled in accordance with the provisions of the relevant financial and accounting systems of the state.

[Legal basis].

Article 76 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

The entity to which the patent right has been granted may agree with the inventor or designer or stipulate in the rules and regulations formulated in accordance with the law the manner and amount of rewards and remuneration provided for in Article 16 of the Patent Law.

The rewards and remuneration given by enterprises and public institutions to inventors or designers shall be handled in accordance with the provisions of the relevant financial and accounting systems of the state.

Article 77.

If the entity to which the patent right has been granted has not agreed with the inventor or designer, nor has it stipulated in the rules and regulations formulated in accordance with the law the type and amount of rewards provided for in Article 16 of the Patent Law, it shall pay the inventor or designer a bonus within three months from the date of publication of the patent right. The minimum bonus for an invention patent shall not be less than 3,000 yuan; The minimum bonus for a utility model patent or design patent shall not be less than 1,000 yuan.

For an invention-creation completed by the employer to which the inventor or designer belongs, the unit to which the patent right has been granted shall pay a bonus on a preferential basis.

The way to apply for patent application subsidy is to apply to the patent subsidy policy enforcement department of the area where the patent application is located. Different regions have different patent funding policies, which require the patentee to apply, and then the patentee's application will be reviewed, and the patent grant will be issued after review.

[Legal basis].

Notice of the Office of the State Intellectual Property Office on the Submission of Patent Funding Work (1) Patent Funding Policy and Strategy. It mainly includes: in accordance with the relevant requirements of the "Guiding Opinions on Patent Application Funding" (Guo Zhi Fa Guan Zi 2008 No. 11), the adjustment of the provincial level and the prefectural and municipal level funding policies within the administrative area, the revision time, policy orientation changes and development trends, etc.; the economic and social impact of the funding policy; Problems and solutions to patent funding policies.