How much should I pay the patent annuity fee if I pay it late?

Patent Examination Guidelines, Part V, Chapter 9, Late Payment Fees.

If the patentee fails to pay the annual fee on time (excluding the annual fee of the year in which the patent right is granted) or the amount paid is insufficient, the patentee may make up the payment within six months from the date of expiration of the annual fee, and if the payment period exceeds the prescribed time limit but is less than one month, the late fee shall not be paid. If the time of supplementary payment exceeds the prescribed time for one month or more, the late fee of the corresponding amount calculated according to the following calculation method shall be paid:

If the prescribed period exceeds the prescribed period of one month (excluding one full month) to two months (including two full months), the amount to be paid is 5 of the full annual fee.

If the prescribed period is exceeded by two months to three months (including three full months), the amount to be paid is 10 of the full annual fee.

If the prescribed period is exceeded by three months to four months (including four full months), the amount to be paid is 15 of the full annual fee.

If the prescribed period is exceeded by four to five months (including five full months), the amount to be paid is 20 of the full annual fee.

If the prescribed period is exceeded by five to six months, the amount to be paid is 25 of the full annual fee.

If you are between five months and six months overdue, the late fee will be charged as the full annual fee, not after the reduction.

Pay 25% of the annual fee, you had better call the State Intellectual Property Office of the Toll Office, and the payer can inquire about the payment information of the case through **. Query**: 010 62085566;010－62088166；010－62088036；010－62088041；010－62088040；010－62088042。

Pay 25% of the annual fee, and the accurate answer is to dial the national patent office**010-62085588, tell the patent number, and how much will you make up.

In addition to the part of the annual fee that should have been paid, the late fee payable is calculated as follows (the late fee cannot be reduced):

No late fee will be charged for one month after the date of payment of the annual fee.

If the payment is within two months, 5% of the full annual fee payable in the current year shall be paid within three months, 10% of the full annual fee payable in the current year shall be paid within four months, 15% of the full annual fee shall be paid within five months, 20% of the full annual fee shall be paid within six months, and 25% of the full annual fee shall be paid within six months, and the late fee and annual fee shall not be paid within six months, and the patent office shall be deemed to have waived the patent right as the right holder.

If the landlord is still not sure, you can call the Patent Office's Toll Office **010 62085566

Every year, there will be a lot of scientists, entrepreneurs and handicraftsmen in our country to apply for their own corresponding patents, the main reason is because they have designed a lot of items that have been recognized by the state, and then sell their items to other people or other companies to acquire their patents, but after the patent has been acquired, the acquirer will give a certain amount of patent annuity to the patentee every year.

The patent annuity fee is given according to the length of time, and the law also stipulates that the patent right is granted from the time.

Fees are incurred from the current year and are payable to the Patent Office each year during the validity period.

There is a time limit for the payment of patent fees, the time of general patent fees is to be paid within two months or so after the patent notice is granted, and then after the payment, the appointment payment shall be made within one month before the expiration of the annual deadline, of course, this time is subject to the time on the patent notice issued by the Patent Office, and the patent fee is an annual increase in fees, and it is also calculated according to 5% of the amount of fees paid each year. Finally, the patent payment fee of the previous year is the patent payment fee of the current year. Therefore, the patent payment fee is increasing year by year.

There will be a lot of people here, if it is overdue, or people who have not paid the patent fee within the specified time, they must have the option to make up the payment, but the supplementary payment also has a certain time, and if it exceeds a certain time, it will definitely be subject to certain restrictions, first of all, after the expiration of the annual fee, you can choose to pay the corresponding fee within 6 months, of course, you must also pay a late fee.

The amount of the contribution is calculated according to the monthly payment fee, which is added to 5% of the current year's amount from the beginning of the month. There is another problem here, if the patent fee has not been paid after the time limit has expired or the overdue time has expired, then the patent right shall be terminated from the date of expiration, that is, the patent will become invalid.

Therefore, if you have an idea or a person with strong hands-on ability, you can choose your own time to do something meaningful, or create some of your own patents, for the patent to pay fees, this is necessary to hand over, the patent is the recognition of the results that a person spends time to obtain, and this recognition needs to be recognized by individuals, families, and social countries, so since the patent notice is obtained, then pay the patent annuity fee on time in accordance with the corresponding regulations.

The latest time to pay the patent annuity fee is the last month of the year, and it can be paid after the deadline, but it must be paid within the specified time.

The latest payment of patent annuity fees is one month before the expiration date. It is also possible to make up the payment after the deadline, and the corresponding amount must be paid.

It is necessary to pay one month before the deadline, and if the time is relatively short, it can be paid back, so be sure to pay attention to the time.

Unpaid patent annuity fees are not necessarily compensable. However, only within six months from the date of sending the notice of payment by the patent administration department, you can apply for retroactive payment, and you should also pay a late fee. If the six-month period has expired, the patent right will be extinguished and the annual fee cannot be paid.

[Legal basis].Article 43 of the Patent Law of the People's Republic of China, which came into force on June 1, 2021.

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

Article 81.

To apply for a patent and go through other formalities with the patent administration department, the applicant shall pay the fee in accordance with the regulations.

Article 98 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

The annual fee 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 shall notify the patentee to make up the payment within 6 months from the date of expiration of the annual fee payable, and at the same time pay the late fee; The amount of the late fee is calculated according to the amount of 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If the payment is not made upon expiration, the patent right shall be terminated from the date of expiration of the annual fee payable.

If a patent fails to pay the annual fee for more than one year, it is possible to request the restoration of the patent right.

1. 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 that should be paid, and at the same time pay the late fee.

2. 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 specified payment time for one month, 5% of the full annual fee of the current year will be charged as a late fee for each additional month.

3. If the national office has not paid within 6 months, the national office will issue another notice of termination of the patent right, if you still want this patent, you must pay 1000 within 2 months to restore the patent royalty and pay the patent annuity fee and 25% of the full annual fee of the current year, if it has not been processed in these two months, the patent right will be lost and cannot be restored.

4. If the patent annuity fee has not been paid or paid in full or the payment of the patent annuity fee has not been paid or the payment is delayed, the examiner shall issue a notice of termination of the patent right two months after the expiration of the overdue period.

5. If the patentee fails to initiate the restoration procedure or the request for restoration of rights is not approved, the Patent Office shall, four months after the issuance of the notice of termination, proceed with the invalidation and publish it in the Patent Gazette.

[Legal basis].

Article 6 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Where a party delays the time limit specified in 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 apply to the patent administration department for restoration of 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 loses its rights due to other legitimate reasons by extending the time limit specified in the Patent Law or these Rules, or the time limit specified by the patent administration department, 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 patent administration department, it shall, before the expiration of the time limit, explain the reasons to the patent administration department and go through the relevant formalities.

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.

Summary. Hello, glad you asked, I'll answer it for you. 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 fee, for example, if the payment exceeds the prescribed payment time for two months, the amount of late payment fee is the standard value of the annual fee multiplied by 10%.

How to make up the patent annuity fee.

Hello, glad you asked, I'll answer it for you. 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 fee, for example, if the payment exceeds the prescribed payment time for two months, the amount of late payment fee is the standard value of the annual fee multiplied by 10%.

What should I do if I forget to pay the patent fee, and the solutions to the solution if I forget to pay the patent fee are: 1. Within 1 month after the expiration, you can still pay the annual fee, and there is no need to pay an additional late fee; 2. If you have not paid the patent annuity fee for more than 1 month, you will receive a "Notice of Payment" issued by the Patent Administration Department, in which you will be informed of all the fees (annual fees and late fees) that should be paid. Note:

If the patent expires and the annual fee is not paid for 2 6 months, it is necessary to pay % of the annual fee for the whole year as a late fee; 3. If you still do not pay the patent annuity after 6 months, then you will receive a "Notice of Termination of Patent Right", but don't worry that you can still keep your patent rights. It is only necessary to pay the patent annuity fee, 25% late fee and 1,000 yuan patent restoration fee within 2 months of receiving the notice, and submit the application for restoration of rights. If you have received a Notice of Termination of Patent Right, but you have not completed the patent restoration procedures and paid the relevant fees within 2 months, then sorry, your patent right will end here and cannot be restored.

This means that if you still want to obtain a patent, you will have to apply for a new patent.

If the patent annuity fee has not been paid, the applicant may request the restoration of the right within 2 months after receiving the notice of termination of the patent right. Where a party requests the restoration of rights, 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; A fee for the request for restoration of rights shall also be paid.

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

Paragraphs 1 and 2 stipulate that if a party delays the time limit specified in 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 at the latest within 2 years from the date of expiration of the time limit.

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.

Detailed Rules for the Implementation of the Patent Law

Article 6. 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 apply to the patent administration department for restoration of its rights 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.

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 for restoration of its rights within two months from the date of receipt of the notice from the patent administration department.