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Jite Intellectual Property: How much does it cost to apply for an international patent? In fact, there is no such thing as "an international patent", and international patents today are broadly divided into national unitary patents and PCT patents.
The PCT is a unified application from the countries of the European Union, and the PCT can only be converted into a complete non-provisional patent application, and can also be used to extend the previous patent application to these participating countries in the PCT. It's complicated to say, if you want to know more about it, you can consult Guangzhou Jite Enterprise Management Consulting****, thank you!
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Fees charged to protect patents. (Laws and regulations clearly stipulate the fees that the applicant needs to pay for applying for a patent and the patentee to maintain the patent, and all fees are paid to the state treasury as administrative fees.)
Article 68 of the Patent Law provides:"To apply for a patent and go through other formalities with the patent administration department, the applicant shall pay the fee in accordance with the regulations"。Article 90 of the Implementing Rules of the Patent Law enacted provides:
When applying for a patent and going through other formalities with the patent administration department, the following fees shall be paid:
1) Application fee, application surcharge, publication and printing fee;
2) Fees for substantive examination and reexamination of invention patent applications;
3) Patent registration fees, publication printing fees, application maintenance fees, and annual fees; (4) Fees for alteration of bibliographic particulars, fees for priority claims, fees for requests for restoration of rights, fees for requests for extension of time limits, and fees for utility model patent search reports.
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According to the provisions of China's relevant laws, China's patents are divided into three types: invention, utility model and design, and the fees paid are also different. The annual fees for patents are as follows: The annual fees for individual applications for utility model patents:
600 yuan per year for 1-3 years, 900 yuan per year for 4-5 years, 1200 yuan per year for 6-8 years, and 2000 yuan per year for 9-10 years. The annual fee for applying for an invention patent is 900 yuan per year for 1-3 years, 1200 yuan per year for 4-6 years, 2000 yuan per year for 7-9 years, 4000 yuan per year for 10-12 years, 6000 yuan per year for 13-15 years, and 8000 yuan per year for 16-20 years.
The annual patent fee for applying for a design is 600 yuan per year for 1-3 years, 900 yuan per year for 4-5 years, 1200 yuan per year for 6-8 years, and 2000 yuan per year for 9-10 years.
Legal basis: Article 93 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China shall pay the following fees when applying for a patent and going through other formalities with the patent administration department:
1) Application fee, application surcharge, publication printing fee, priority claim fee;
2) Fees for substantive examination and reexamination of invention patent applications;
3) Patent registration fees, publication printing fees, and annual fees;
4) Fees for requests for restoration of rights and requests for extension of time limits;
5) Fees for alteration of bibliographic items, fees for requests for patent evaluation reports, and fees for requests for invalidation.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the ***** administration department and the finance department in conjunction with the patent administration department.
Article 75 of the Patent Law of the People's Republic of China shall pay fees in accordance with the provisions of the patent application and other formalities to the Patent Administration and Balance Department.
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Legal analysis: 1. Earlier, how much is the annual fee of the national patent (1) Invention patent 1-3 years (per year) 900 yuan 4-6 years (per year) 1200 yuan 7-9 years (per year) 2000 yuan 10-12 years (per year) 4000 yuan 13-15 years (per year) 6000 yuan 16-20 years (per year) 8000 yuan (2) Utility model patents, design patents 1-3 years (per year) 600 yuan 4-5 years (per year) 900 yuan 6-8 years (per year) 1200 yuan 9-10 years (per year) 2000 yuan.
Legal basis: Measures of the People's Republic of China for Reduction and Exemption of Patent Annuity Fees
Article 2 Where the applicant or patentee has real difficulties in paying the relevant patent fees, he may request the Patent Office of the State Intellectual Property Office (hereinafter referred to as the "Patent Office") to reduce the payment of the relevant fees in accordance with these Measures. In accordance with Article 3.
Article 3 With the approval of the Patent Office, the following patent fees may be reduced: 1. Application fees (including publication printing fees and application surcharges shall not be reduced); 2. Fees for the application or examination of invention patents; 3. Annual fee (annual fee within six years from the year of grant of the patent); 4. Review fee. In accordance with Article 4.
Article 4 Where the applicant or patentee is an individual, he or she may request a reduction of 85% of the application fee, the examination fee for the application for invention patent, the annual fee, and 80% of the maintenance fee and reexamination fee for the application for invention patent. If the applicant or patentee is a unit, it may request a reduction of 70% of the application fee, the examination fee and the annual fee for the application for invention patent, and 60% of the maintenance fee and reexamination fee for the application for invention patent. Where two or more individuals or individuals jointly apply for a patent, they may request a reduction of 70% of the application fee, the examination fee and the annual fee for the invention patent application, and 60% of the maintenance fee and reexamination fee for the invention patent application.
Where two or more units jointly apply for a patent, the patent fee shall not be reduced. In accordance with Article 5.
Article 5 A patent applicant may, at the same time as filing a patent application, request for a reduction in the payment of the five fees specified in Article 3 of these Measures. After the patent application has been accepted by the patent office, the filing fee is not reduced. The applicant or patentee can only request a reduction in the payment of fees that have not yet expired, and shall submit a request for fee reduction two and a half months before the expiration date of the relevant fee payment period.
In accordance with Article 6.
Article 6: If the applicant or patentee requests a reduction of patent fees, he or she shall submit a request for fee reduction and, if necessary, attach relevant supporting documents.
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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.
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The list of patent annuity fees is as follows:
The annual fee is full, and the individual slows down the unit slowdown.
1 Invention patent.
1 3 years 900135270
4 6 years 1200180360
7 9 years 2000300600
10 12 years 40006001200
13 15 years 60009001800
16 20 years 800012002400
2 Utility models.
1 3 years 60090180
4 5 years 900135270
6 8 years 1200180360
9 10 years 2000300600
3 Design.
1 Brother Feng 3 years 60090180
4 5 years 900135270
6 8 years 1200180360
9 10 years 2000300360
Article 29 of the Patent Law of the People's Republic of China Article 29 Where an applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for an invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.
If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, or within six months from the date of the first patent application for the design in China, the applicant may enjoy the right of priority.
Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall submit a written statement at the time of application and submit a copy of the documents of the first patent application within 16 months from the date of filing the first application.
If the applicant claims the priority of the design patent, he shall submit a written declaration at the time of application and submit a copy of the patent application documents filed for the first time within three months.
If the applicant fails to make a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.
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