What is the actual examination fee of invention patent? Article classification: patent query Release date: December 8, 2019 17:15:09 Click through rate:
In daily life, after people invent new products and new processes, they should apply to the Patent Office for invention patents in order to protect intellectual property rights. The patent office will carry out examination after obtaining the information, including formal examination and substantive examination. Only through comprehensive examination can the patent certificate be issued. Substantive examination is to charge the applicant a certain fee. What is the actual examination fee of invention patent? Let's take a look at the article summarized by Xiaobian.
Substantive examination fee of invention patent
What is the actual examination fee of invention patent?
1、 How much is the examination fee of invention patent?
Generally speaking, the examination fee for invention application is 2500 yuan.
The patent office may, in respect of certain expenses (application fee, examination fee, maintenance fee, reexamination fee and annual fee for three years after authorization), slow down the application fee for applicants who have real difficulties. If the applicant is a unit, 70% of the above-mentioned expenses can be reduced (the review fee will be reduced by 60%); if the applicant is an individual, it can be reduced by 85% (the review fee will be reduced by 80%).
2、 What are the characteristics of substantive examination of invention patent?
In the substantive examination of invention patents, only invention patents are included in the application. There is no such stage for utility model patents and design patents. Invention patents must be examined and will not be authorized without examination.
After the publication of an application for a patent for invention, if the applicant has submitted a request for substantive examination and has come into effect, the applicant shall enter into the actual trial procedure. If an application for a patent for invention has not submitted a request for practical examination within three years from the date of application, or the request for actual examination has not come into effect, the application shall be deemed to have been withdrawn.
During the trial period, a comprehensive examination will be conducted on whether the patent application has novelty, creativity, practicability and other substantive conditions stipulated in the patent law. If, after examination, it is found that the conditions for authorization are not met or there are various defects, the applicant shall be informed to state his opinions or make amendments within the prescribed time limit. If he fails to reply within the time limit, the application shall be deemed to be withdrawn. If the application still fails to meet the requirements after repeated replies, it shall be rejected. If the application is not authorized within two years from the date of application, the application maintenance fee shall be paid annually from the third year. If the application is not paid within the time limit, the application will be deemed to be withdrawn. If no reason for rejection is found in the substantive examination, it will enter the authorization procedure according to the provisions.
3、 What are the two types of substantive examination?
The substantive examination system can be divided into immediate examination system and delayed examination system.
1. Immediate review system, also known as one-time review system. That is to say, after the formal examination of the application by the patent office, without the applicant's request for substantive examination, the patent office will immediately examine the novelty, creativity and practicability of the content of the patent application to determine whether or not to grant the patent right. The advantage of the immediate examination system is that it can ensure the patent quality of the granted patent right and reduce litigation disputes, which makes the examination procedure simplified. Its disadvantage is that it takes a long time to examine and approve the patent.
2. The delayed review system is also called the early public request review system. In the case where the patent office has filed a substantive examination, the applicant may, within a period of time after the opening of the patent office, conduct a formal examination immediately after the patent office has filed a substantive application.