Article 92 The applicant shall, after receipt of the notification of
acceptance of the application from the Patent Administration Department under
the State Council, pay the filing fee, the printing fee for the publication of
the application and the necessary additional fees at the latest within two
months from the filing date. If the fees are not paid or not paid in full within
the time limit, the application shall be deemed to be withdrawn.
Where the
applicant claims priority, he or it shall pay the fee for claiming priority at
the same time with the payment of the filing fee. If the fee 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 93 Where the party concerned makes a request for an examination as to
substance, a restoration of right or a reexamination, the relevant fee shall be
paid within the time limit as prescribed respectively for such requests by the
Patent Law. 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 94 Where the applicant for a patent for invention has not been
granted a patent right within two years from the date of filing, it or he shall
pay a fee for the maintenance of the application from the third year.
Article 95 When the applicant goes through the formalities of registration of
the grant of patent right, it or he shall pay a registration fee for the grant
of patent right, printing fee for the announcement of grant of patent right and
the annual fee of the year in which the patent right is granted. The applicant
for a patent for invention shall pay the application maintenance fee for all the
years, with the exception of the year in which the patent right is granted. If
such fees are not paid within the prescribed time limit, the registration of the
grant of patent right shall be deemed not to have been made. The subsequent
annual fees shall be paid in advance within the month before the expiration of
the preceding year.
Article 96 Where the annual fee of the patent right after the year in which
the patent is granted is not paid in due time by the patentee, or the fee is not
paid in full, the Patent Administration Department under the State Council shall
notify the patentee to pay the fee or to make up the insufficiency within six
months from the 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. Where the fee and
the surcharge are not paid within the time limit, the patent right shall lapse
from the expiration of the time limit within which the annual fee should be
paid.
Article 97 The fee for a change in the bibliographic data, fee for
establishing a search report on a utility model patent, fee for requesting
suspension of the patent procedure, fee for requesting a compulsory license, fee
for requesting adjudication on exploitation fee of a compulsory license and fee
for requesting invalidation shall be paid as prescribed within one month from
the date on which such request is filed. The fee for requesting extension of a
time limit shall be paid before the expiration of the said 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.
Article 98 Where any applicant or patentee has difficulties in paying the
various fees prescribed in these Implementing Regulations, he may, in accordance
with the prescriptions, submit a request to the Patent Administration Department
under 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
Patent Administration Department under the State Council in consultation with
the finance administration department and the price administration department
under the State Council.
Chapter X Special Provisions Concerning International Application
Article 99 The Patent Administration Department under the State Council
receives international patent applications filed under the Patent Cooperation
Treaty in accordance with the provisions of Article 20 of the Patent
Law.
Where any international application filed under the Patent Cooperation
Treaty designating China (hereinafter referred to as the international
application) enters the Chinese national phase, the requirements and procedures
prescribed in this Chapter shall apply. Where no provisions are made in this
Chapter, the relevant provisions in the Patent Law and in any other chapters of
these Implementing Regulations shall apply.
Article 100 Any international application which has been accorded an
international filling date in accordance with the Patent Cooperation Treaty and
which has designated China shall be deemed as an application for patent filed
with the Patent Administration Department under the State Council, and the said
filing date shall be deemed as the filing date referred to in Article 28 of the
Patent Law.
Where, in the international phase, an international application
or its designation of China is withdrawn or deemed to be withdrawn, the effect
of the said international application in China shall cease.
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