Payment and mitigation of application fees

The Patent Law stipulates: In applying patents and other procedures to the Patent Office, fees shall be paid in accordance with regulations. The detailed rules for this have been stipulated in the implementing regulations. The application fee is explained as follows:

1. How to pay the application fee

Application fees and other fees can be paid directly to the patent office or the patent agency. An applicant who has applied for a patent by mail may, after receiving a notice of acceptance sent by the Patent Office, remit the application fee through the bank or the post office as required in the notice. For remittance, a payment note should be affixed to the remittance note postscript or the fourth line of the letter of exchange, in which the patent application number, the applicant's name or name, the expense name (application fee), and the name of the invention-creation should be stated.

When the bank remits the application fee by using the electronic banking (satellite transmission) method, the bank shall be required to indicate the application number and the name of the fee name in the column of expense (if the applicant does not explicitly request it, the bank generally does not fill in). However, this requires the bank to pay a special charge according to the telegraph. The abbreviation of the fee name can generally use the first word, for example, "Shen" means the application fee.

If the applicant does not use any method to pay fees, if the applicant does not specify the application number and the name of the fee at the time of payment, or if it is incorrectly written, it shall be deemed as not having completed the payment procedure.

2. When you pay the application fee

Where the application documents are filed with the Patent Office or the Patent Office Agency, the application fees may be paid on the spot after receiving the acceptance notice.

If an application file is posted to the Patent Office, the application fee shall be paid after receiving the notice of acceptance from the Patent Office. However, the date of payment of the application fee must not exceed two months from the date of application. If the application fee is not paid within the overdue period, the application will be deemed as withdrawn. The notice of acceptance by the Patent Office can generally be sent to the applicant within one month after the applicant has sent out the application documents, so the applicant generally has enough time to pay the application fee.

3. Determination of payment date

When paying application fees or other fees to the patent situation, the date of payment is the payment date.

If payment is made to the Patent Office for remittance purposes, if the remittance method conforms to the provisions of 1 above, the day of remittance from the bank or post office shall be the payment date. However, from the date of remittance to the date of receipt of the patent office by more than 15 days, the date of receipt by the Patent Office shall be the date of payment, except for the postal service, the issuing of a certificate by the bank, and the provision of evidence.

4. The amount of the application fee

The invention patent application fee includes the document publication printing fee of 40 yuan in addition to the basic application fee. Applications for utility model and design patents are not subject to publication printing fees.

If the patent application specification contains more than 30 pages including drawings, the application fee surcharge should be paid at 15 yuan per page from page 31, and surcharge 30 yuan per page from page 301 onwards.

If the claims in the patent application exceed 10 items, the application surcharge of 20 yuan shall be paid for each item from the 11th item. The manual surcharge and the claim surcharge are also part of the application fee, so the deadlines and requirements for paying the publication printing fee, the manual surcharge and the claim surcharge, and the overdue processing are the same as the application fee.

Where the applicant claims priority, it shall also pay the priority claim fee within two months after the patent application is filed. If the overdue payment does not meet the priority claim fee, it shall be deemed as not being filed.

5. Correction of payment errors

After remitting various patent fees through the post office or bank, after receiving the invoice issued by the Bureau, the patent application number, the name of the fee, the amount and the date of export listed on the invoice shall be checked in a timely manner. If any mistakes are found, they shall make a statement to the Patent Office within 7 days to explain the reasons for the error and the correct data. Statements should be made using a unified form (an opinion statement) established by the Patent Office. If the responsibility for the error is that of the applicant, the date of submission of the statement of opinion shall be the date of payment, and the responsibility shall be the date of remittance of the original fee at the Patent Office (the applicant shall provide evidence and be verified by the Patent Office).

When paying fees to the patent situation, all the items listed in the invoices shall be checked after the Patent Office issues the invoices. If any errors are found, the Patent Office shall be required to make corrections on the spot. Those who believe that there are no errors shall sign the invoice payer's column.

6. Consequences of unpaid or paid-up applications

Where the applicant fails to pay within two months from the date of filing, or has not paid up the full application fee (including the document printing fee, description and claims surcharge), his patent application is deemed to have been withdrawn.

Although the applicant has paid the application fee, the formalities are improper. For example, if the items listed on the payment bill are incomplete or in error, or if the bill is not attached, the payment or the refund of the payment will be regarded as unpaid. The Patent Office According to the unpaid application fee.

7. Slowdown of Application Fees and Other Fees

If it is really difficult to apply for patent payment, it may request the Patent Office to reduce the application fee, examination fee, maintenance fee, review fee, and the annual fee for the first three years after the approval of the patent. All other expenses cannot be reduced.

If the request for mitigation is requested at the same time as the application, the application may be approved and the above five kinds of fees may be reduced. Requests for mitigation after the application can only be requested to reduce the other four costs that have not yet been paid, other than the application fee. Except for the application fee, the mitigation of other expenses shall be made two months before the expiration of the period for which the fee should be paid.

If the request is slowed down, it shall submit a fee reduction request that has been uniformly formulated by the Patent Office. Individuals should fill in their annual income. When multiple applicants fill in each individual’s income, the patent office can request proof if necessary.

Where the unit requests for mitigation, it shall state the reasons (the company shall also indicate the profit and loss situation) and attach a certificate from the higher administrative department. The fee reduction request is approved by the Patent Office. Up to 80% of the individual applications can be approved for mitigation, and 60% of the applications for approval of two or more persons or units can be granted. If the request for mitigation is submitted, the payment can be made according to the approved mitigation amount (20% for individuals and 40% for two or more persons). If the Patent Office disagrees, the applicant will be notified that the applicant should meet the deadline set by the Patent Office. , was paid less than part.

After the invention has been obtained by the applicant or the patentee for economic benefits or other income, the fee for mitigation shall be paid.

8. Refund

Where the applicant pays more, wrongfully or repays the patent fee, it shall be submitted to the Patent Office within one year from the date of payment and shall be refunded after verification by the Patent Office. More than one year later, it is generally no longer a refund.

The applicant paid a fee for a certain program, but in fact the program did not start, it can also request a refund. For example, after the applicant has paid the substantive examination request fee, if the withdrawal of the application or application before the substantive examination is considered as withdrawal, after the request for the return of the substantive examination request fee, the withdrawal of the application or the application before the substantive examination is deemed to be withdrawn, You can request a refund of the trial fee. However, because the application fee is insufficient and the application is deemed to be withdrawn, no refund of the part of the application fee already paid may be required. Because the application process has started from acceptance, the application is also accepted as a basis for foreign and domestic priority and other rights, and the application process is also terminated when the application is considered withdrawn.

All formalities that do not have deadlines are handled. If the procedures are deemed not to have been filed, the fee may be refunded in addition to the recording of the project change fee.