For filing an application for a patent with, or fulfilling other related formalities in, the Patent Office, the following fees shall be charged:
* (1) application fee and application maintenance fee;
* (2) examination fee and reexamination fee;
* (3) annual fee;
* (4) fee for a change in the bibliographic data, fee for claiming priority, fee for a request for restoration of rights, fee for a request for revocation, fee for a re quest for invalidation, fee for a request for compulsory license, fee for a re quest for adjudication on exploitation fee of a compulsory licence, fee for patent registration, and additional fees as prescribed.
The amount of the fees mentioned in the preceding paragraph shall be prescribed separately by the competent departments concerned of the State Council in conjunction with the Patent Office.
The applicant shall, after receipt of the notification of acceptance of the application from the Patent Office, pay the application fee at the latest within two months from the filing date. If the fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn. The applicant that claims the right of priority shall pay the fee for claiming priority at the same time with the payment of the application fee. If the fee is not paid or not paid in full within the time limit, the claim to the right of priority shall be deemed not to have been made.
Official Fee Regulation
(RMB: YUAN)
A. Charge of application for patent right
1.Invention 450
for publication 40
2.Utility Model 300
3.Design 250
B. Application Maintenance Fee/Year 300
C. Examination fee for invention 1200
D. Charge of reexamination
1.Invention 600
2.Utility Model 300
3.Design 250
E. Procedure fee for changes in the bibliographic data
1.Change of inventor?applicant or/and patentee 100
2.Change of agency or/and entrustment 10
(Application for the changing of bibliographic
data should be brought out).
F. Charge of request for Priority 80
G. Charge of request for resumption 300
H. Charge of request for revocation of patent right
1.Invention 30
2.Utility Model 20
3.Design 20
I.Charge of request for invalidation of patent right
1.Invention 600
2.Utility Model 400
3.Design 300
J. Charge of request for compulsory license for exploitation
1.Invention 300
2.Utility Model 200
K. Charge of request for decision of compulsory license for
exploitation 100
L. Registration fee of patent right
( publication fee 40 and stamp tax 5 are included)
1.Invention 205
2.Utility Model 155
3.Design 155
M. Additional charge
1.The first duration of extension 150/month
the second 300/month
the third 600/month
(the mentioned numbers are according to
the same notification)
2.Additional charge for claims
an additional 30/item is charged from above item 11
3.Additional charge for description
an additional 25/page is charged from above page 31
an additional 50/page is charged from above page 301
N. Annual Fee
1.Invention
first year-third year 600/year
fourth-sixth 900/year
seventh-ninth 1200/year
tenth-twelfth 2000/year
thirteenth-fifteenth 4000/year
sixteenth-twentieth 8000/year
2.Utility Model
first year-third year 300/year
fourth-fifth 600/year
sixth-eighth 900/year
ninth-tenth 1200/year
3.Design
first year - third 150/year
forth - fifth 300/year
sixth-eighth 600/year
ninth-tenth 800/year
O. Charge of renewal of duration 100
for Utility Model and Design
2. WORK FLOW
When a patent application is filed for an invention or ;a utility mode, relevant doc. shall be submitted:
a, a written request
b, a specification and an abstract thereof
c, a patent claim
A. the written request
The written request state the title of the invention or utility model,&127; the name of the inventor or designer the name and address of the applicant and other related matters.
Other related matters mentioned refer to:
* (1) the nationality of the applicant;
* (2) where the applicant is an enterprise or other organization, the name of the country in which the&127;applicant has the&127;principal business office:
* (3) where the applicant has appointed a patent agency, the relevant matters to be indicated;
* (4) where the priority of an earlier application is claimed, the relevant matters to be indicated;
* (5) the signature or seal of the applicant or the patent agency;
* (6) a list of the documents constituting the application:
* (7) a list of the documents appending the application:
* (8) any other related matter which needs to be indicated.
B. the specification and an abstract thereof
The specification shall describe the invention of utility model in a manner sufficiently clear and complete so that a person skilled in the relevant field of technology can accurately produce it where necessary, drawing shall be appended.
The abstract shall indicate the technical field to which the invention or utility model pertains, the technical problems to be solved, the essential technical features and the use or uses of the invention or utility model.
The description of an application for a patent for invention or utility model shall be presented in the following manner and order:
* (1) state the title of the invention or utility model as appearing in the request;
* (2) specify the technical field to which the invention or utility model relates;
* (3) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding searching and examination of the invention or utility model, and cite the documents reflecting such art;
* (4) specify the purpose which the invention or utility model is designed to fulfil:
* (5) disclose the technical solution of the invention or utility model, as claimed. in such a manner that a person having ordinary skill in the field can understand it and fulfil the purpose of the invention or utility model;
* (6) state the advantageous effects of the invention or utility model, with reference to the background art:
* (7) briefly describe the figures in the drawings, if any;
* (8) describe in detail the best mode contemplated by the applicant for carrying out the invention or utility model; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any.
The manner and order mentioned in the preceding paragraph shall be observed by the applicant of a patent for invention or a patent for utility model, unless. because of the nature of the invention or utility model, a different manner or order would afford a better understanding and a more economical presentation. The description of the invention or utility model shall not contain such references to the claims as: 'as described in part... of the claim.' nor shall it contain commercial advertising.
The same sheet of drawings may contain several figures of the invention or utility model, and the drawings shall be numbered and arranged in numerical order consecutively as "Figure 1, Figure 2...
The scale and the distinctness of the drawings shall be such that a reproduction with a linear reduction in size to two thirds would still enable all details to be clearly distinguished. Drawing reference signs not appearing in the text of the description of the invention or utility model shall not appear in the drawings. Drawing reference signs not appearing in the drawings shall not appear in the text of the description. Drawing reference signs for the same composite part used in an application document shall be consistent throughout. The drawings shall not contain any other explanatory notes, except words which are indispensable.
C. the patent claim
The patent claim shall, on the basis of the specification, &127;state &127;the &127;scope of the patent protection requested.
The claims shall define clearly and concisely the matter for which protection is sought in terms of the technical features of the invention or utility model. If there are several claims, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description. The claims may contain chemical or mathematical formulae be supporting documents shall be in duplicate.
The applicant or the patentee may amend its or his application, which has been rejected, or its or his patent specification, which has been revoked, at the time when it or he requests for reexamination, but the amendments shall be limited only to the part to which the decision of rejection of the application or the decision of revocation of the patent right relates.
4. PATENT REGISTER AND PATENT GAZETTE
The Patent Office shall maintain a Patent Register in which shall record the following matters relating to a patent right:
* (1) grant of the patent right;
* (2) assignment and succession of the patent right;
* (3) revocation and invalidation of the patent right:
* (4) cessation of the patent right;
* (5) restoration of the patent right;
* (6) compulsory license for exploitation of the patent;
* (7) changes in the name, the nationality and the address of the patentee.
The Patent Office shall publish the Patent Gazette at regular intervals, publishing or announcing the following:
* (1) the bibliographic data contained in patent applications;
* (2) the abstract of the description of an invention or utility model, the drawings or photographs of a design and its brief explanation;
* (3) request for substantial examination of an application for a patent for invention and any decision made by the Patent Office to proceed on its own initiative to examine as to substance an application for a patent for invention;
* (4) declassification of secret patents;
* (5) rejection and withdrawal of an application or an application deemed to be withdrawn for a patent for invention after its publication;
* (6) assignment and succession of an application for a patent for invention after its publication;
* (7) grant of the patent right:
* (8) revocation and invalidation of the patent right;
* (9) cessation of the patent right:
* (10) assignment and succession of the patent right;
* (11) grant of compulsory license for exploitation of the patent;
* (12) restoration of a patent application or patent right;
* (13) change in the name or address of the patentee:
* (14) notification to the applicant whose address is not known;
* (15) other related matters.
More information consult@com-law.net
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