What should I do if I forget to pay the patent annuity fee?

China's patent fees are relatively low in the world, which is determined by China's national conditions. Nonetheless, it will inevitably be difficult for some inventors to afford until their inventions are marketed. In order to solve this problem, China's patent system has set up a system of reducing and deferring the payment of patent fees at the beginning of its establishment.

Article 98 of the Detailed Rules for the Implementation of the Current Patent Law provides:"If the applicant or patentee has difficulties in paying the various fees specified in these Rules, he or she may submit a request to the patent administration department for reduction or postponement of payment in accordance with the regulations. The measures for reducing or deferring payment shall be prescribed by the patent administration department in consultation with the finance department and the ***** administration department.

On October 12, 2006, the State Intellectual Property Office promulgated the new Measures for Reducing Patent Fees, which clearly stipulates the conditions and procedures for fee reduction. Among them, the application fee, the examination fee for the invention patent application, the annual fee (for the first to the third year), the maintenance fee for the invention patent application, and the reexamination fee can all be reduced. If the applicant is an individual, 85% of the application fee, the examination fee and the annual fee of the invention patent application can be reduced, and 80% of the maintenance fee and reexamination fee of the invention patent application can be reduced; If the applicant is an employer, 70% of the application fee, the examination fee and the annual fee for the invention patent application can be reduced, and 60% of the maintenance fee and reexamination fee for the invention patent application can be reduced.

For example, if a person applies for an invention patent, the fees that must be paid according to the general procedure include the application fee, publication printing fee, substantive examination fee, patent registration fee, publication printing fee, maintenance fee and annual fee. These costs are reduced to about $1,010. If the application is for a utility model or design patent, the fees that must be paid under the general procedure include the application fee, the patent registration fee, the publication printing fee and the annual fee, which are reduced to about 370 yuan in total.

Patent applicants or patentees who are in financial difficulties can apply to the CNIPA for reduction or deferred payment. In addition, many provinces have also set up special funding funds such as patent applications and patent technology transformation and implementation, and established patent technology information platforms to help inventors solve the difficulties encountered in the process of applying for patents and transforming and implementing patented technologies.

If you pay before June 6, you can pay a late fee without paying a late fee, pay a late fee of 5% before July 6, and so on, 10% in March, 15% in April, 20% in May, and 25% in June.

Yes, the patents I applied for before are to find the first company to pay, I am Shenzhen Landun Intellectual Property Company ** paid, every year the patent is about to pay the time of the Blue Shield company people will be notified in advance, because I am an old customer, the annual fee to them after the can, Landun company is in Futian Chegong Temple, professional and service is still good, a blue shield patent application will know, no one in Shenzhen does not know the China Merchants Bank Building, the Blue Shield company is diagonally opposite the building, it is easy to find.

Hello! You can call the customer service center of the State Intellectual Property Office to ask, and they will answer for you, 010-62356655

Hurry up!!

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 the prescribed period by 1 month to 2 months (including 2 full months), the amount of late fee to be paid is 5% of the full annual fee; (3) If the period 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 period exceeds the specified period of 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 period exceeds the specified period by 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 the specified period of 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 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.

If a patent fails to pay the annuity fee, it can be reinstated, and the specific procedures are as follows:

1. If a party loses its rights due to a delay in the time limit due to force majeure, it may request the restoration of its rights within 2 months from the date on which the obstacle is removed, but at the latest within 2 years from the date of expiration of the time limit.

2. If the party concerned delays the time limit due to legitimate reasons and causes the loss of rights, he or she may explain the reasons to the Patent Office within 2 months from the date of receipt of the notice from Qiaochenzhi Patent Office and request the restoration of his rights;

3. If the maintenance fee or annual fee is not paid on time, the applicant can only request the Patent Office to restore his or her rights on the grounds of force majeure. To go through the formalities for restoration of rights, a request for restoration of rights must be submitted and relevant certificates must be attached. There is also a reinstatement fee.

If the patentee fails to pay the annual fee in accordance with the regulations and still fails to make the payment within a certain period of time, the patent right will be terminated early and will no longer be protected by law, and the patentee will no longer have the exclusive right to use the patent.

[Legal basis].Article 44 of the Patent Law of the People's Republic of China.

The patent right shall be terminated before the expiration of the term under any of the following circumstances:

1) Failure to pay annual fees in accordance with the provisions of filial piety;

2) The patentee renounces its patent right by a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Ministry of Patent Administration.

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.

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. The patent right shall be terminated from the date of expiration of the annual fee payable.

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. How to calculate the late fee that should be paid if the payment time exceeds the specified time for one month or more? (1) 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.

2) If the prescribed period is exceeded by two to three months (including three full months), the amount to be paid is 10 of the full annual fee. (3) If the prescribed period is exceeded by three months to four months (including four full months), the amount to be paid shall be 15 of the full annual fee. (4) 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.

5) If the prescribed period is exceeded by five to six months, the amount to be paid is 25 of the full annual fee. If the annual fee is paid within the six-month overdue period or the late fee is insufficient and needs to be paid again, the annual fee and late fee shall be made up in accordance with the late fee standard within the late fee period at the time of the second payment of the annual fee or late fee. For example, the payment period of the annual late fee5 is from May 10 to June 10, and the late fee is 45 yuan, but the payer only pays 25 yuan.

When the payer pays the late fee on June 15, he shall pay according to the standard 10 of the late payment period corresponding to the repayment date of the Tong Douzhao. The amount of the late fee for this period is 90 yuan, and 65 yuan should be paid back. If the patent right is terminated due to late or insufficient payment of the annual fee and/or late fee, in addition to the payment of the annual fee, a late fee of the full amount of the annual fee25 shall be paid or made up in the restoration procedure.

The above is about the legal knowledge of the patentee who forgets to pay the annual fee, what will be the consequences, have you learned?

Legal analysis: After applying for a patent, you need to pay the corresponding patent annuity fee every year, and the patent annuity fee also increases year by year. Usually, the time to pay the patent annuity fee is one month before the expiration of the patent annuity fee of the previous year.

If the patent annuity fee is not paid on time within the payment period, the patent annuity fee can be paid within six months after the expiration date of the patent annuity, but the late fee will be incurred from the first month after the expiration of the patent fee, and the late fee will increase every month, and the patentee can resume the patent right by paying the patent fee and late fee. If the patentee fails to pay the relevant fees after six months, the patent will become invalid.

Legal basis: Article 94 of the Patent Law of the People's Republic of China Article 94 The various fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the patent administration department, or by post office or bank remittance, or in other ways prescribed by the patent administration department. If the payment is made through the post office or bank, the correct application number or patent number and the name of the fee to be paid shall be written on the remittance slip sent to the patent administration department.

Those who do not comply with the provisions of this paragraph shall be deemed to have failed to go through the payment formalities. If the fee is paid directly to the patent administration department, the payment date shall be the date of payment; If the fee is paid by post office remittance, the postmark date remitted by the post office shall be the payment date; If the fee is paid by bank remittance, the date of payment shall be the actual remittance date of the bank. In case of overpayment, repayment, or erroneous payment of patent fees, the parties concerned may, within 3 years from the date of payment, submit a request for refund to the patent administration department of the Guozhao Qi Hunger Affairs Institute, and the patent administration department shall refund it.