If I forgot to pay the annual fee for more than a year, can the patent be restored?

According to Article 96 of the Detailed Rules for the Implementation of the Patent Law, if the patentee fails to pay the annual fee on time or the annual fee is insufficient, the CNIPA shall, after the expiration of the time limit, promptly notify the parties concerned to pay the annual fee within 6 months from the date of expiration of the annual fee payment period and charge a late fee according to the length of the overdue period.

Answer: Supplement without notification? The answer adds that if the patentee fails to pay the annual fee (excluding the annual fee of the year in which the patent is granted) in accordance with the law or the amount paid is insufficient, the annual fee may be paid within six months from the date of expiration.

If the patent annuity fee has not been paid or paid in full by the expiration of the overdue period of patent annuity, the patent administration authority will issue a notice of termination of the patent right within two months from the date of expiration of the overdue period (not earlier than one month at the earliest), and if the patentee has not initiated the restoration procedure or the restoration procedure has not been approved, the patent administration authority will register and publish it in the patent register and the patent gazette respectively within four months after the termination notice is issued.

If the patent right is terminated due to non-payment of annual fees, the termination date shall be the expiration date of the previous year.

According to the books I have read before, this information is still relatively detailed, and you had better find a law book for yourself, haha......The answer is added.

Just knowing that it seems to be on your side ...... the blame

The annual patent fee can be paid within six months (including exactly six months) after the deadline, and the patent right will be terminated after six months.

Anyone who has a patent knows that patents are subject to annual fees. The amount of the annual fee is or increases with the length of protection, i.e. each year that passes is an additional fee than the previous year.

Because you need to pay the patent annuity fee every year, you forget the time to pay the annual fee. Can I recover if I forget to pay the patent annuity fee?

There is a time limit for patent contributions. Within six months (including exactly six months) after the deadline, you can continue to make retroactive payments. The details are as follows:

1) If the annual fee is paid for 1 day to 1 month (including 1 whole month) after the specified period, no late fee is required;

2) If the deadline exceeds 1 month to 2 months (including 2 whole months), the amount of late fee to be paid is 5% of the full annual fee;

3) If the deadline exceeds the specified period by 2 months to 3 months (including 3 full months), the amount of late fee to be paid is 10% of the full annual fee;

4) If the deadline exceeds 3 months to 4 months (including 4 full months), the amount of late fee to be paid is 15% of the full annual fee;

5) If the deadline exceeds the specified period of 4 months to 5 months (including 5 full months), the amount of late fee to be paid is 20% of the full annual fee;

6) If the deadline exceeds 5 months to 6 months (including 6 full months), the amount of late fee to be paid is 25% of the full annual fee.

However, after six months, the patent is terminated.

If the patentee fails to pay the annual fee after the year in which the patent right is granted on time or the amount paid is insufficient, the patentee shall make up the payment within six months from the date of expiration of the annual fee payable, and at the same time pay the late fee. If the payment time exceeds the prescribed payment time for less than one month, no late fee will be charged, and if the payment time exceeds the prescribed payment time for one month, 5% of the full annual fee of the current year will be added as a late payment fee for each additional month.

If the patent is not paid within 6 months, the national office will issue another notice of termination of the patent right, and if the patent is still required, it must pay 1000 reinstatement royalties and a late fee of 25% of the full annual fee of the current year within 2 months. If it is not processed within two months, the patent right will be lost and cannot be restored.

If the patent annuity fee has not been paid or the patent annuity fee or late fee has not been paid in full after the expiration of the overdue period, the examiner shall issue a notice of termination of the patent right two months after the expiration of the overdue period. If the patentee fails to initiate the restoration procedure or the request for restoration of rights is not approved, the patent office shall invalidate the patent office four months after the issuance of the notice of termination and publish it in the patent gazette.

If the patent annuity fee is not paid, the patent right can still be restored. However, it is only possible to apply for the restoration of the patent right if there is a valid reason (e.g., the pandemic). and within 2 months from the date of removal of the obstacle, and at the latest within 2 years from the date of expiration of the time limit, to request the restoration of rights with the State Intellectual Property Office.

[Legal basis].Article 1 of the Announcement on Matters Concerning the Relevant Time Limits of Patents, Trademarks and Layout Designs of Integrated Circuits Affected by the Epidemic.

Where a party delays the time limit stipulated in the Patent Law and its Implementing Rules, or the time limit specified by the State Intellectual Property Office, due to reasons related to the epidemic, resulting in the loss of its rights, the provisions of Article 6.1 of the Implementing Rules of the Patent Law shall apply. The parties may request the restoration of their rights within two months from the date on which the obstacle is removed, and at the latest within two years from the date of expiration of the time limit. Where a request is made for restoration of rights, there is no need to pay a fee for the restoration of rights, but a written request for restoration of rights is required, explaining the reasons, attaching the corresponding supporting materials, and at the same time going through the corresponding formalities that should be completed before the loss of rights.

Legal analysis: 1. Within 1 month after expiration: When the patentee fails to pay the annual fee within the time limit or the payment is insufficient, it has a 1-month deferral period, and the annual fee is paid in time during the deferral period, and no additional late fee is required.

2. Expired 2 6 months: If the patent annuity fee is not paid for more than 1 month, you will receive a Notice of Payment of Rent issued by the Patent Administration Department, which will carefully list all the fees that the patentee should pay, including annual fees, late fees, etc. For late fees, if the patent is overdue and the annual fee is not paid for 2 or 6 months, % of the annual fee for the whole year of the year needs to be paid as a late fee.

3. More than 6 months: If the patent annuity fee is not paid for more than 6 months, a Notice of Termination of Patent Rights will be received, but the patentee can still keep his patent rights. At this time, the patentee can submit an application for restoration of rights within 2 months from the receipt of the notice, paying the annual patent fee, 25% late fee, and 1,000 yuan of patent restoration fee on time.

4. Ignore it within the time limit and completely lose the patent right.

Legal basis: Patent Law of the People's Republic of China

Article 43 The patentee shall pay the annual fee from the year in which the patent right is granted.

Rule 44 The patent right shall be terminated before the expiration of the term under any of the following circumstances: (1) the annual fee has not been paid in accordance with the regulations; (2) The patentee renounces its patent right by a written statement. If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

Rule 45 From the date of the announcement of the grant of the patent right by the patent administration department, if any unit or individual considers that the grant of the patent right does not conform to the relevant provisions of this Law, it may request the patent administration department to declare the patent right invalid.

If there is a valid reason for the patentee not to pay the patent self-payment, the patentee may request the restoration of the patent right.

Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China: If a party delays the unspecified time limit of the Patent Law or these Rules or the time limit specified by the patent administration department due to irresistible reasons, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and within 2 years from the date of expiration of the time limit at the latest.

In addition to the circumstances provided for in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department for other legitimate reasons, resulting in the loss of its rights, it may request the patent administration department to restore its rights within 2 months from the date of receipt of the notice from the patent administration department.

Where a party requests restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a written request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should be completed before the loss of rights; Where a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a fee for the restoration of rights shall also be paid.

If a party requests an extension of the time limit designated by the administrative department for the sale of scumbags, it shall explain the reasons and go through the relevant formalities to the patent administration department before the expiration of the time limit.

The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limits provided for in Articles 24, 29, 42 and 68 of the Patent Law.

Article 6 of the Detailed Rules for the Implementation of the Patent Law.

If a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department due to force majeure, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and within 2 years from the date of expiration of the time limit at the latest. Dust teasing.

Where a party requests restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a written request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should be completed before the loss of rights; Where a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a fee for the restoration of rights shall also be paid.

The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limits provided for in Articles 24, 29, 42 and 68 of the Patent Law.