What is patent annual fee
The patent annual fee is the period after the Patent right is granted. An annual fee that a person must pay to maintain the validity of his patent rights. It is the obligation of the patentee to pay annual patent fees.
Require the patentee to pay annual fees on time. On the one hand, this is because the state provides legal protection and relevant state agencies also provide services; on the other hand, annual fees serve as economic leverage to encourage patentees to give up patent rights that have no economic value for the public to freely use.
If the patentee fails to pay the specified amount of annual fees within the specified period, his patent rights will be terminated. After the patent rights are terminated, it will become a public technology that anyone can use for free. Therefore, it is crucial for the patentee to pay the annual fee in accordance with the regulations.
"Patent Law Implementing Rules" 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. hourIf the annual fee is not paid at the end of the period, the patent right shall be terminated from the date when the annual fee is due to be paid.
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