Can unpaid patent fees be repaid
According to the "Patent Law Implementing Rules" "Article 96 stipulates that if the patentee fails to pay the annual fee on time or pays insufficient annual fees, the State Intellectual Property Office shall promptly notify the party concerned within 6 months from the expiration of the annual fee payment period. Pay the annual fee back and charge late fees based on the length of the late payment period.
Under what circumstances will the patent right Termination
There are two situations for the termination of Patent rights, namely normal termination and early termination.
1. Normal termination of patent rights
That is, natural termination, which is due to legal provisions The validity period of a patent right expires and its legal effect naturally terminates. Although this is a normal termination, there are not many cases where the patent right can be maintained until expiration.
2. Early termination is generally caused by the following reasons:
(1) Patent rights People do not pay annual fees on time.
If the patentee fails to pay the annual fee on time after the year when the patent right is granted, or the amount paid is insufficient, the Patent Office shall notify the patentee to pay the annual fee from the annual fee period. If the payment is made within six months from the expiration date, a late payment fee of 25% of the annual fee must also be paid; if the payment is not made at the end of the period, the patent right will be terminated from the expiration date of the annual fee.
(2) The patentee waives the patent right in a written statement.
(3) No heir.
When the patentee is an individual and there is no successor after the death of the patentee, the patent right will terminate automatically; when the patentee is an organization and the unit goes bankrupt and there is no successor unit, the patent right will also terminate.
What to review for utility model patents
1. Patent application Whether the documents stipulated in Article 26 of the Patent Law and other necessary documents are available, and whether these documents comply with the prescribed format;
2. The applicant entrusts a patent agent If an institution handles patent applications, does it have a power of attorney?
3. If a foreign applicant who does not have a regular residence or business office in China applies for a patent, is it inconsistent with the patent requirements? According to the provisions of Article 18 of the Law, foreign applicants who do not have a habitual residence or business office in China are not eligible to file patent applications in China;
4. Entrusted the State Council or a foreign-related patent agency designated by the Patent Office authorized by the State Council to handle its patent application and other patent affairs;
5. Whether the patent application fee has been paid;
6. Whether the patent application obviously violates national laws, morals, and public interests;
7. Whether the subject matter of the patent application obviously belongs to the field that is not protected by the patent;
8. Whether the patent application meets the requirements of unity;
9. Whether the applicant's modifications to his application documents clearly exceed the scope recorded in the original description and claims;
10. In accordance with the provisions of Article 2, Paragraph 2 of the Implementing Rules of the Patent Law, whether the subject matter of the patent application is obviously not a utility model as mentioned in the Patent Law.
11. Whether it complies with the requirement that only one patent can be granted for the same invention and creation;
12. Whether the writing of patent application documents is obviously inconsistent with the implementation of the patent law The provisions of Articles 18 to 23 of the detailed rules;
13. In accordance with the provisions of Article 9 of the Patent Law, whether the applicant is the first applicant.
Can unpaid patent fees be repaid? Once the patent application is approved, the parties can enjoy various benefits it brings, and can also obtain it by transferring the patent. A certain return on capital. If you need to know the impact of unpaid patent fees or the standards for patent annual fee payment, you can find an online lawyer on the Legal Savior Network to solve the problem.
