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According to the provisions of China's Patent Law, an invention patent generally goes through the following procedures from application to authorization:
1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 20 days and one month.
2. Submit the application documents, obtain the notice of acceptance from the Patent Office, determine the filing date, and submit an advance disclosure statement and request substantive examination on the day of submission of the documents, so as to speed up the examination process.
3. The Patent Office conducts a formal examination of the patent application documents for about 2-3 months, and enters the stage of preparation for publication after passing the preliminary examination.
4. The patent office publishes the invention application documents in about 6-8 months.
5. The Patent Office conducts a substantive examination of the invention patent documents, which is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, that is, the novelty, creativity, and practicability (the entrusted institution communicates with the ** institution to determine the appropriate scope of protection of the invention), and the communication may go back and forth several times until the amendment is satisfactory to the examiner.
6. The Patent Office issues a notice of authorization.
7. The applicant goes through the procedures for obtaining the patent certificate.
8. Get the patent certificate in about 2-3 months.
The whole process lasts about 2 and a half to 3 years, depending on the speed of the examiner's examination and the depth of the applicant's information.
Utility model and design:
1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 10 working days.
2. Submit the application documents, obtain the notice of acceptance from the Patent Office, and determine the filing date.
3. The patent office conducts a formal examination of the patent application documents, which takes about 3-6 months.
4. The Patent Office issues a notice of authorization.
5. The applicant shall go through the procedures for obtaining the patent certificate (pay the certificate collection fee of 295 yuan, [200 yuan certificate registration fee, 90 yuan annual fee of the current year, 5 yuan stamp duty]).
6. Get the patent certificate in about 2-3 months.
The whole process lasts about 1 year, depending on the speed of the examiner and the level of detail of the applicant's disclosure.
Cost: about 1000 yuan for appearance patent, about 1500 yuan for utility model, and about 5500 yuan for invention patent.
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If you pay the annual fee, you can log in to the China patent application network and register, but it is recommended that you find a professional institution to pay the fee, so as to avoid late fees due to your negligence caused by the failure to pay the patent due. I can recommend a good platform to you, Chuangjingke intellectual property management system, **discounts, services***,
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There are three ways to pay annual fees for patents:
1. On-site payment: You can pay the fee directly at the patent office or the corresponding agency.
2. Online payment: Users who apply for registration electronically can log in to the "China Patent Electronic Application Network" and pay the fee through the online system. Individuals can pay with bank cards, and patent institutions and enterprises and institutions can use corporate accounts to pay.
3. Remittance payment: The patent fee can be paid by bank remittance or post office remittance, and the correct application number (or patent number), fee name (or abbreviation) and amount need to be noted on the remittance form.
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The application fee and other fees can be paid directly to the Patent Office or the Patent Office Representative, or by bank or post office. If the payment is made through a bank or post office, the payment slip shall be pasted in the postscript column of the remittance slip or the fourth copy of the letter and remittance slip, in which the patent application number, the name of the applicant or patentee, the name of the fee (application fee) and the name of the invention-creation shall be indicated. If the bank uses electronic interbank transfer (satellite transmission), it shall require the bank to indicate the application number and the abbreviation of the name of the fee in the column of the purpose of the fee, for example:
The application fee (see the appendix for the abbreviation of the name of the fee). However, this kind of requirement is required by the bank to charge a special fee according to the photograph and telegram. No matter what method the applicant uses to pay the fee, if the application number and the name of the fee are not specified when making the payment, or if the application number and the name of the fee are written incorrectly, it will be deemed that the applicant has not completed the payment procedures.
Article 86 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Where a dispute arises over the right to apply for a patent or the ownership of a patent right, and a party has requested the department in charge of patent affairs to mediate or file a lawsuit with the people's court, it may request the patent administration department to suspend the relevant procedures. In accordance with the provisions of the preceding paragraph, a request for suspension of the relevant procedures shall be submitted to the patent administration department, together with a copy of the relevant acceptance documents indicating the application number or patent number from the department in charge of patent work or the people's court. After the mediation document issued by the patent administration department or the judgment made by the people's court takes effect, the parties concerned shall go through the formalities for resuming the relevant procedures with the patent administration department.
If, within one year from the date of the request for suspension, the dispute concerning the right to apply for a patent or the ownership of the patent right has not been concluded, and it is necessary to continue to suspend the relevant procedures, the requester shall request an extension of the suspension within that time limit. If no extension is requested upon the expiration of the time limit, the patent administration department of the State Bikai Institute shall resume the relevant procedures on its own.
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How to pay for patent application I. Application fee, application surcharge, publication and printing fee; 2. Substantive examination fee and reexamination fee for invention patent application; 3. Patent registration fees, publication fees, printing fees, application maintenance fees, and annual fees; 4. Fees for alteration of bibliographic particulars, fees for claiming priority rights, fees for requesting restoration of rights, fees for requesting extension of time limits, and search fees for new models of patents for actual bending; 5. Fees for requests for invalidation, suspension of proceedings, compulsory licenses, and compulsory licenses. The above-mentioned fees can be paid directly by the applicant to the patent administration department or by mail. If the payment is made through the post office or bank, the correct application number or patent number and the name of the fee to be paid shall be written on the bill of exchange sent to the patent administration department.
If the manuscript is paid directly to the Patent Administrative Office, the payment date shall be the time of payment. If the payment is made by post office or bank remittance, the postmark of the post office or the actual remittance date of the bank shall be the payment date; However, if it is more than 15 days from the date of remittance to the date of receipt by the patent administration department, the payment date shall be the date of receipt by the patent administration department, unless the post office or bank issues a certificate. If the applicant overpays, repays, or makes a mistake in paying the patent fee for any reason, he or she may apply for a refund to the patent administration department within one year from the date of payment.
Go to the patent office and do it.
The online payment process for patent annuity is as follows: >>>More
Chuangjingke intellectual property annual fee management system.
In my opinion, it is still to entrust a management agency to help you apply, the process is very troublesome, and you may not be able to pass the application yourself, because the patent office has requirements for the format of the submission, font, paper, etc., and the entrustment of the agency will save you a lot of things, and after the application, if it is convenient, your annual fee can be paid by yourself, and you can save the first fee, which is better! >>>More
Need to prepare:
1. Description, claims, and abstract. The specification is a detailed description of your patented technology, the claims summarize the scope of the technical solution you protect, and the abstract is a brief description and does not need to be made in kind. **It can also be hand-drawn, as long as it is clear, and it does not need to be drawn according to the cartographic standard. >>>More