1. When should patent annual fees be paid, and what are the consequences of not paying them
1. Annual fees after the year 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 following consequences will occur:
(1) The patent administration department of the State Council shall notify the patentee of the period when the annual fee should be paid. Make up the payment within 6 months from the date of expiration, and pay a late payment fee at the same time; the amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time;
(2) If the annual fee is not paid upon expiration, the patent right shall be terminated from the date on which the annual fee due to be paid expires.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Ninth Article 18 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. The time is 1 month, and 5% of the full annual fee for the current year will be added; if the annual fee is not paid at the end of the period, the patent right will be terminated from the date when the annual fee is due.
2. What is patent annual fee
Patent annual fee is the fee that the patentee should pay every year after the patent right is granted to maintain the validity of the patent right. It is the obligation of the patentee to pay annual patent fees.
Requires patentees to pay annual fees on time, on the one hand because the state provides them with legal protection and relevant state agencies also provide services; On the other hand, the annual feeAs an economic lever, it encourages patentees to give up patent rights that have no economic value and make them available to the public for free 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 applicants shall complete registration procedures and pay registration fees and annual fees for that year within two months after receiving the notice of grant of patent rights. Failure to pay as required upon expiration shall be deemed to have given up the right to obtain the patent right. The annual fee for each subsequent year shall be paid in advance within one month before the expiration of the previous year. For example, if the filing date of a utility model patent application is March 1, 2000, the annual fee should be paid in February of each year after the patent right is granted.
According to the provisions of the "Patent Law Implementing Rules", annual fees after the year the patent right is granted should be paid before the expiration of the previous year. If the annual fee is not paid, If the amount is not paid within the time limit, the patent management department shall order it to be paid within a time limit and impose a late fee. If the payment is not made within the time limit, the patent right shall be terminated from the date of expiration of the annual fee due to be paid. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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