If the patent expires and the annual fee is not paid, will it still infringe the patent if it is used?
After the patent is granted, the annual fee for the next year should be paid before the filing date each year. If the annual fee is not paid at the end of the term, the patent right shall be terminated from the date when the annual fee is due. In a patent infringement dispute case, if the patent right is terminated and cannot be restored due to failure to pay the annual fee, subsequent actions by others to implement the patent will not constitute infringement.
"Patent Law of the People's Republic of China"
Article 43 The patentee shall be granted the patent The annual fee begins to be paid in the year of entitlement.
Article 44: One of the following circumstances , the patent right terminates before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee gives up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council.
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