1985.04.01
PATENT BUREAU OF CHINA
IMPLEMENTING REGULATIONS FOR THE REDUCTION OR POSTPONEMENT OF
PAYMENT BY INDIVIDUAL APPLICANTS
(Promulgated by the Patent Office of the People's Republic of
China on February 4, 1985)
(1) This implementing regulation is drawn up in compliance with
Article 90 of the Patent Law of the People's Republic of China.
(2) Any individual who files an application for a patent and
who has difficulties in paying the fees such as application fee,
examination fee, re-examination fee, application maintenance fee and
annual fee within three years after the patent certificate is issued,
may submit a request. asking for a reduction or postponement of
payment Individual applicant or patentee is subject to paying the
remaining fees in compliance with the implementing
regulations.
(3) After examining the specific circumstances, the
reduction or postponement of the payment of the fees listed above
will be ratified by the Patent Office. The maximum percentage for the
reduction or postponement of the fees is no more than 80% of the amount
listed above.
(4) Applicant or patentee who asks for the reduction or postponement
of the fees is required to pay 20% of the amount listed above
and submit the application at the time of remittance of all
kinds of other relevant applications, (while the annual fee and
application maintenance fee is to be paid at the due time), on
which wages and extra income should be indicated at the column
of cause and reason for the reduction or postponement.
If an invention-creation is made by a person of an entity within his
scope of duties, the applicant is subject to submitting to the Patent
Office, at the first time of the application for the reduction or
postponement, the cer-tification of the entity to which he
belongs proving that the invention-creation made by the applicant is
beyond the scope of his duty.
(5) Applicant or patentee, whose request is in conformity
with the condition for reduction or postponement should follow
the implementing regulation of the Patent Law after receiving the
notification made by the Patent Office.
(6) All the fees postponed to be paid should be made up after the
applicant or patentee has benefited financially from the
invention-creation or other sources of income.
(7) This implementing regulation shall come into force on April 1,
1985.
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