If an invention patent is terminated before the annual fee is paid, can it still be restored if it expires?

After the patent is invented, you need to pay an annual patent fee to maintain it. If you do not pay the annual fee on time, it may be considered that you have given up the Patent right, so everyone must pay attention to it. It is possible that your major will was terminated. The editor of Legal Savior Network has brought the following legal knowledge through your questions. I hope it will be helpful to you.

An invention patent is terminated if the annual fee is not paid. Can the invalidation be restored

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According to my country's "Patent Law" and its According to the detailed rules and the "Examination Guidelines", if the patent annual fee is not paid on time, the patent will be deemed to have been abandoned and the patent right will be terminated. Under normal circumstances, if a patent right restoration request is submitted within the specified period after receiving the patent termination notice and the reasons are stated, the patent right may be restored. It is generally difficult to restore the patent right beyond this period.

"Implementing Rules for the Patent Law of the People's Republic of China (Revised) )》

Article 97 Applicant Processing When registering, the patent registration fee, announcement printing fee, and annual fee for the year when the patent right is granted must be paid; if the payment is not made upon expiration or is not paid in full, it shall be deemed that the registration procedure has not been completed.

Article 98 Annual fees after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department under the State Council shall notify the patentee to pay the annual fee within 6 months from the expiration of the due date, and at the same time pay a late payment fee; the amount of the late payment fee shall be calculated based on the amount of the annual fee that exceeds the prescribed amount. Time: 1 month, extra chargeCalculated at 5% of the full annual fee; if it is not paid at the end of the period, the patent right will be terminated from the date when the annual fee is due.

The above are the relevant answers. If your major does not have If you pay an annual fee, you must explain it within two months. If your patent is terminated because you have not paid the annual fee, then the loss will be really huge, and the patent also has a certain period of time. If you have other legal questions, you can consult the professional lawyers at Legal Savior Network.