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Answer to questions about extension of patent annual fee payment period

Release Time：

2022-06-16

Why does this policy not apply to the first annual fee after authorization? How to understand the expiration date of patent annual fee payment? Can the policy apply to cases that are already in arrears of the annual fee? If the patent fee reduction procedure has not been completed before, is it still time to apply for the fee reduction request before the expiration of the patent annual fee payment period?

In order to implement the relevant spirit of the Party Central Committee and The State Council on stable economic development, the State Intellectual Property Office issued Announcement No. 486 to implement the policy of extending the period for the payment of annual patent fees. In order to effectively implement the policy and help the public understand the scope and situation of the policy application, the relevant questions are explained as follows.

1. Why does the policy not apply to the first annual fee after authorization?

A: Because the first annual fee for patent authorization is closely related to the patent registration procedures and the authorization announcement procedures, timely payment of the first annual fee will help the right holder complete the patent right formalities in time and obtain patent protection. Therefore, the patent annual fee extension policy does not include the first annual fee after the patent is granted.

2. How to understand the expiration date of patent annual fee payment?

Answer: According to Article 98 of the Implementing Rules of the Patent Law, the annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. The expiration date of the payment period is the corresponding day of the year on which the application is made.

3. Can this policy apply to cases that are already in arrears of the annual fee?

A: The policy does not apply to cases that have been in the overdue period of annual fees, but for cases that have been affected by the epidemic and have delayed the deadline for patent affairs resulting in the loss of rights, the patentee can go through the procedures for restoring rights in accordance with the requirements of the State Intellectual Property Office Announcement No. 350.

4. If the patent fee reduction procedure has not been completed before, is it still time to apply for the fee reduction request before the expiration of the patent annual fee payment period?

A: The patentee's request for patent fee reduction shall be handled in accordance with the relevant provisions of the "Patent Fee Reduction Measures", as long as the patent fee reduction request is approved before the expiration of the patent annual fee payment period, and the patent can enjoy the policy. If the patent fee reduction procedure has been completed and passed the examination and approval, there is no need to repeat the procedure.

5. Has enjoyed the patent rights of the annual fee payment period extension policy, after the transfer of rights, the transfer of the patentee did not go through the fee reduction procedures, the patent can still enjoy the patent annual fee payment period extension policy?

A: The patent right that has enjoyed the policy of extending the annual fee payment period will not be cancelled due to the subsequent transfer of rights, and the patentee who has not handled the fee reduction procedure after the transfer will cancel the extension of the annual fee payment period of the patent right, but will affect the cost reduction of the corresponding annual fee enjoyed by the patent right.

6.Will the payment notice be issued after June 15, 2023?

A: If the patentee fails to pay or fully pay the corresponding annual fee before the expiration date of June 15, 2023, a payment notice will be issued.

7. After the expiration of the extension period, if the applicant fails to go through the relevant procedures and pay the annual fee in accordance with Article 98 of the Implementing Rules of the Patent Law, why does the patent right terminate from the date when the annual fee should be paid in 2022?

A: The period of protection of patent rights is statutory and is calculated from the filing date.

The extension policy of patent annual fee payment is only to extend the annual fee payment period of the patent that meets certain conditions, but not to extend the protection period of the patent. Therefore, if the patentee fails to go through the relevant procedures and pay the annual fee in accordance with Article 98 of the Implementing Rules of the Patent Law, the patent right shall terminate from the date of the expiration of the annual fee in 2022.

8. Will the copy of the patent register provide a corresponding explanation of the extension of the annual fee payment period?

A: There will be a corresponding explanation that the annual fee that is not paid for the corresponding year is in line with the provisions of the patent annual fee payment extension period announced by the State Intellectual Property Office No. 486th.

9. How to check the extended patent annual fee payment period?

A: The extended patent annual fee period can be queried on the Internet. The specific payment amount and payment deadline can be queried through the "China and Multinational Patent Examination Information" platform.

10. If the patentee receives payment notices for two years, how to pay the annual fees and late fees for the respective years?

A: For patent rights that do not pay the corresponding annual fee within the patent annual fee payment extension period, they will receive two annual payment notices after the expiration of the patent annual fee payment extension period. If the patentee pays the payment within the late payment period according to the requirements of the notice, the annual fee and late payment fee that meet the requirements of the corresponding period will be used as the annual fee and late payment fee of the previous year, and the remaining annual fee and late payment fee will be used as the next annual fee.

Source: China Patent Electronic Application Network

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