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What are the fees for patent reexamination requests?
Release Time：
2022-09-02
A:
Article 41 of the patent law provides that: Where an applicant for patent is not satisfied with the decision of the patent administration Department under The State Council rejecting the application, it may, within three months from the date of receipt of the notification, request the Patent Reexamination Board for reexamination. In Chapter II of Part V of the Guidelines for Examination of Patent fees, it is stipulated that the time limit for payment of review fees is three months from the date on which the applicant receives the rejection decision made by the Patent Office.
Therefore, the applicant may file a request for review within three months from the date of receipt of the rejection decision and pay the corresponding review fee.
According to the patent fee standard published by the State Knowledge Bureau, different types of patent review fees are not used, the review fee for invention patents is 1000 yuan, and the review fee for utility model patents and design patents is 300 yuan.
Review fees belong to the types of fees that can be reduced, that is, review fees can be reduced, and the reduction ratio is: if the claimant is an individual or unit, the reduction rate is 85%; If two or more individuals or units are joint claimants, the payment shall be reduced by 70%. A request for reducing the reexamination fee may be made at the same time as the patent application, or it may be made two and a half months before the expiration date of the relevant fee payment period. If the request for reducing the fee is not submitted in accordance with the above provisions, the fee shall not be reduced. (Intellectual Education Class)
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