Can a patent right be re-applied if it is deemed abandoned?

Patent right is a kind of intellectual property. If the party's patent application to the Patent Office is successful, it will be protected by the patent law. If you want to apply for a patent, you need to submit necessary application materials to the Patent Office and pay relevant application fees. The Patent Office needs to carefully review it. So, if the patent right is deemed to have been abandoned, can you reapply? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

Can a patent right be re-applied if it is deemed to have been abandoned

After the Patent Office issues a notice granting the patent right, the Applicant Failure to complete the registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights, and the applicant shall be notified. This notification should be made within one month after expiration and specify the legal procedures for restoration of rights. If the four-month period expires from the date of issuance of the notice and no request for restoration of rights is received, the patent application file will be transferred to the invalid file database. For invention patent applications, before the patent application files are transferred to the invalid file database, announcing the invention patent application in the Patent Gazette shall be deemed as giving up the patent right. You can apply within the stipulated time.

For utility model and design patent applications, the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee and annual fee for the year of authorization, or for invention For patent applications, if the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee, annual fee for the year of authorization and application maintenance fee for each year except the year of authorization, it will be deemed that the registration procedures have not been completed. If the applicant has paid the above fees but has not paid the stamp tax on the patent certificate, a patent certificate will not be issued, but the registration and announcement procedures for the grant of patent rights will continue as usual. The patent certificate will be reissued after the applicant pays the stamp tax on the patent certificate.

What to do if patent fees are not paid

For utility model and design patent applications, the applicant has not If the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee, and annual fee for the year of authorization, or for an invention patent application, the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee, annual fee for the year of authorization, and annual fees other than the year of authorization. Those who apply for maintenance fees in each year will be deemed to have not completed the registration procedures. If the applicant has paid the above fees but has not paid the stamp tax on the patent certificate, a patent certificate will not be issued, but the registration and announcement procedures for the grant of patent rights will continue as usual. The patent certificate will be reissued after the applicant pays the stamp tax on the patent certificate.

If you still don’t understand anything, you may wish to consult the lawyers at our Legal Savior Network.