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What happens if you don't pay your annual patent fee on time?
Release Time：
2022-07-01
Subtitle: More than 10,000 patents are invalid, all for the same reason!
As we all know, patent is an intangible asset that can bring economic benefits to the patentee. The patentee may sell, donate, mortgage the patent right, or make an investment in the patent right. If the patent right that has been obtained with great difficulty becomes invalid due to temporary negligence, it will be a great loss to the right holder.
Recently, some people announced the expiry of 16,205 patents in Zhengzhou City during 2021, these patent invalidation are caused by the same reason, that is, "unpaid annual fee"!
According to the investigation, the applicants of these invalid patents include Zhengzhou University, the Yellow River Institute of Science and Technology, the Second Affiliated Hospital of Zhengzhou University, Zhengzhou University of Science and Technology, etc., not only the number of invalid patents in colleges and universities is larger, but the number of invalid patents in companies and individuals also has a larger proportion.
We hereby remind you that the patent is required to pay the annual fee on time every year, and the payment period of the annual fee in the year of the grant of the patent right is two months from the date of receipt of the notice of registration by the Patent Office. Subsequent annual fees shall be paid before the expiration of the previous year, and the deadline for payment shall be the corresponding day of that year on which the application date falls.
What happens if you don't pay your annual patent fee on time?
Article 44, Paragraph 1, Paragraph 1 of the Patent Law, where the annual fee is not paid in accordance with the provisions, the patent right shall terminate before the expiration of the term.
Article 98 of the Rules for the Implementation of the Patent Law stipulates that the annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. Where the patentee fails to pay the annual fee or fails to pay it in full, the patent administration department under The State Council shall notify the patentee to make the payment within six months from the date on which the annual fee should be paid, together with the late fee; The amount of late payment fee shall be calculated at 5% of the full annual fee for each month exceeding the prescribed payment time. If the patent right is not paid at the expiration of the time limit, the patent right shall terminate from the date on which the annual fee shall be paid.
That is to say, if you do not pay the annual fee on time, there is a six-month catchup period, but you need to pay a certain late fee, but more than 6 months, the patent will be invalid! Therefore, the patentee must pay the annual patent fee on time.
At present, many enterprises have a number of patents, and basically are electronic certificates, if there is no special management, it may be negligent to pay the annual fee on time, light need to pay a part of the late fee, heavy will lose the patent.
If you want to properly manage your patents, you can entrust deep trust.
Source: 32 Intellectual Association, patent annual fee
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