How much does it cost to invalidate a patent?

Fees for filing for patent invalidation The cost of patent invalidation varies depending on the type of profession. Fee for invalidation of invention patent: RMB.

Fee for request for invalidation of utility model patent: RMB. Fees for requesting invalidation of design patent rights:

Yuan. All of the above are the official fees for invalidating the request. According to the regulations of the country, there is a fee.

If you are looking for a ** agency to apply for a patent invalidity for you, then you also need to pay a ** fee. Examination Procedures for Invalidation Invalidation is accepted and examined by the Patent Reexamination Board (hereinafter referred to as the "Reexamination Board"), which has different examination departments within the Reexamination Board according to different technical fields. Invalid requests will be divided into departments by field, and each department will form a collegial group and review them in chronological order.

Due to the different caseloads in different fields, the examination period for invalidation will also vary greatly. Under normal circumstances, the examination period for invention patents is about one year at the longest, followed by about one year for utility models, and the examination period for appearance is shorter, generally one year. In addition, if a patent ownership dispute arises during the invalidation examination process, the invalidation examination can also be suspended, further extending the invalidation examination period.

Except for particularly simple cases, there is generally an oral examination procedure in the invalidation review process, similar to the court trial procedure, where both parties make oral statements under the auspices of the collegial panel, and the invalidation review decision will be received about a month after the oral examination procedure.

The cost of invalid patents is high, tens of thousands.

Legal analysis: the annual fee payment standard for invention patents: 900 yuan for 1-3 years, 1200 yuan for 4-6 years, 2000 yuan for 7-9 years, 4000 yuan for 10-12 years, 6000 yuan for 13-15 years, and 8000 yuan for 16-20 years.

2.Utility model: 600 for 1-3 years, 900 for 4-5 years, 1200 for 6-8 years, design difference patent for 9-10 years, 600 for 1-3 years, 900 for 4-5 years, 1200 for 6-8 years, 2000 for 9-10 years.

Generally speaking, for the invention of the patent patent to pay 900 yuan, four to six years to pay 1,200 yuan, seven to nine years to pay 2,000 yuan, ten to twelve years to pay 4,000 yuan, thirteen to fifteen years to pay 6,000 yuan, 16 to 20 years to pay 8,000 yuan. There are also different regulations for other types of patents, but the subdivisions and amounts are not as many as invention patents.

Legal basis: Article 51 of the Patent Law of the People's Republic of China Where any unit or individual is willing to exploit an open licensed patent, it shall notify the patentee in writing and pay the royalties in accordance with the announced payment methods and standards for 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 a judgment subject to 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.

How much is the annual fee for a design patent? How to pay the annual fee for the first hail of the design patent? , welcome to follow, like, next wonderful content recommendation, please private message or ** for business processing, the payment of patents has a certain period, and it is possible to continue to pay within six months after the deadline, but a certain late fee should be paid 1. 1. If you exceed the specified period by 1 day to 1 month (including 1 whole month), you only need to pay the annual fee, and you do not need to pay the late fee 2. If you exceed the specified period of 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 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 exceeds 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 for 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 for 5 months to 6 months (including 6 full months), the amount of late fee to be paid is 25% of the full annual fee Methods of payment of annual fees for design patents 1. The payer can pay the patent fee directly to the Patent Office or the ** office of the Patent Office 2. The registered user of electronic application can log in to the China Patent Electronic Application Network and use the online payment system to pay the patent fee.

Among them, individual users can use bank card payment methods, patent ** institutions and enterprises and institutions can use corporate account payment methods 3, and the payer can also remit patent fees through banks or post offices. When remitting patent fees through a bank or post office, the correct application number (or patent number), the name (or abbreviation) and amount of the fee should be written in the postscript column of the remittance form.

Legal analysis: 1. Official fees, according to the different types of patents to be invalidated, the official fees will be different, and the specific amounts are as follows:

3,000 yuan for invention, 1,500 yuan for utility model, and 1,500 yuan for design.

2. **Fee:

**The amount of the fee is related to the complexity of the case, and the relevant amount needs to be analyzed on a case-by-case basis**.

Legal basis: Article 45 of the Patent Law of the People's Republic of China As of the date of the announcement of the grant of the patent right by the patent administration department, any unit or individual who believes that the grant of the patent does not comply with the relevant provisions of the Patent Law may request the Patent Reexamination Board to declare the patent right invalid. That is, from the date of grant of the patent, any person or entity can file a request for invalidation of the patent.

1. Where a request is made for invalidation or partial invalidation of a patent right, a fee shall be paid in accordance with the regulations, and a request for invalidation shall be submitted in duplicate, indicating the name and patent number of the patent for which the invalidation is requested, indicating the facts and reasons for the invalidation of the patent right, and attaching the necessary evidence.

2. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and copies of the relevant documents to the patentee, requesting that the patentee state its opinions within the specified time limit, and the patentee may amend the patent documents, but shall not expand the scope of protection of the original patent, and if the failure to reply at the end of the period shall not affect the trial of the Patent Reexamination Board.

3. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the petitioner and the patentee. The decision to declare a patent right invalid shall be registered and published by the Chinese Patent Office. A patent that has been invalidated is deemed to have ceased to exist ab initio.