Chapter Ⅸ  Fees 2021-04-13 00:21:17

 


Article 93  When any person files an application for a patent with, or has other formalities to go through at, the patent administration department of the State Council, he or it shall pay the following fees:
(1) a filing fee, additional fee for filing an application, printing fee for publishing an application, and fee for claiming priority;
(2) a fee for examination as to substance for an application for patent for invention, and reexamination fee;
(3) a registration fee for the grant of a patent right, printing fee for the announcement of the grant of a patent right, and annual fee;
(4) a fee for requesting restoration of rights, and fee for requesting extension of a time limit; and
(5) a fee for making a change in the bibliographic data, fee for requesting a patent right assessment report, and fee for requesting invalidation of a patent.
The amount of the fees referred to in the preceding paragraph shall be prescribed by the price administration department and the finance department of the State Council in conjunction with the patent administration department of the State Council.

 

Article 94  The fees provided for in the Patent Law and these Rules may be paid directly to the patent administration department of the State Council, or paid by way of postal remittance or bank transfer, or by way of any other means as prescribed by the patent administration department of the State Council.
Where any fee is paid by way of postal remittance or bank transfer, the applicant or the patentee shall indicate on the money order sent to the patent administration department of the State Council at least the correct filing number or patent number and the title of the fee paid. If the requirements as prescribed in this paragraph are not complied with, the payment of the fee shall be deemed not to have been made.
Where any fee is paid directly to the patent administration department of the State Council, the date on which the fee is paid shall be the date of payment; where any fee is paid by way of postal remittance, the date of remittance indicated by the postmark shall be the date of payment; where any fee is paid by way of bank transfer, the date on which the transfer of the fee is done shall be the date of payment.
Where any patent fee is paid in excess of the amount as prescribed, or paid in duplication or mistakenly, the party making the payment may, within three years from the date of payment, request a refund thereof from the patent administration department of the State Council, and the patent administration department of the State Council shall make such refund.

 

Article 95  The applicant shall pay the filing fee, the printing fee for publishing the application and the necessary additional fee for filing the application within two months from the date of filing or within 15 days from the date of receipt of the notification of acceptance of the application; if the fees are not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn.
Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same time when paying the filing fee; if the fee for claiming priority is not paid or not paid in full within the time limit, the claim for priority shall be deemed not to have been made.

 

Article 96  Where the party concerned makes a request for an examination as to substance or a reexamination, the relevant fee shall be paid within the time limit as prescribed respectively for such requests by the Patent Law and these Rules; if the fee is not paid or not paid in full within the time limit, the request is deemed not to have been made.
 

Article 97  When the applicant goes through the formalities of registration, he or it shall pay the registration fee for the grant of the patent right, the printing fee for the announcement of the grant of the patent right, and the annual fee of the year in which the patent right is granted; if such fees are not paid or not paid in full within the time limit, the registration of the grant of the patent right shall be deemed not to have been made.
 

Article 98  The annual fee of a patent right after the year in which the patent is granted shall be paid before the expiration of the preceding year. If the patentee fails to pay or pay in full the fee, the patent administration department of the State Council shall notify the patentee that he or it is required to pay the fee or to make up the insufficiency within six months from the date of expiration of the time limit within which the annual fee is due to be paid, and at the same time pay a surcharge; the amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid; if the fee and the surcharge are not paid within the time limit, the patent right shall lapse from the date of expiration of the time limit within which the annual fee should be paid.
 

Article 99  A fee for requesting restoration of rights shall be paid within the relevant time limit prescribed in these Rules; if the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
A fee for requesting extension of a time limit shall be paid before the date of expiration of the relevant time limit; if the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
A fee for making a change in the bibliographic data, a fee for requesting a patent right assessment report and a fee for requesting invalidation of a patent shall be paid within one month from the date on which such request is filed; if the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.

 

Article 100  Where any applicant or patentee has difficulties in paying the various fees prescribed in these Rules, he or it may, in accordance with the provisions, submit a request to the patent administration department of the State Council for a reduction or postponement of the payment. Measures for the reduction and postponement of the payment shall be prescribed by the finance department of the State Council in conjunction with the price administration department of the State Council and the patent administration department of the State Council.

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