What should I do if the patent fee is due and is not renewed in time?

<> the time of payment of the patent annuity fee is calculated from the date of patent application, the annual fee of the year of patent grant shall be paid within the time limit specified in the notice of grant of patent right issued by the patent office, and the annual fee of the following year shall be paid in advance within one month before the expiration of the previous year, and if it is not paid within one month before the expiration, the patent office will also give a grace period of one month, if the fee is not paid within one month after the expiration, there will be a late fee for the patent annuity.

There is no late fee for one month after the expiration of the patent annuity fee, and a late fee of 5% of the full annual fee will be incurred from the second month after the expiration, and the patent office will also issue a notice of payment, which will increase month by month until the sixth month of expiration, resulting in a late fee of 25% of the full annual fee. Note: As long as the standard annuity fee and late fee are paid within six months of the expiration of the patent annuity, the patent will remain valid and will not cause any problems.

All three types of patents can enjoy the annual fee reduction policy for 10 years from the year of grant of the patent right.

However, after the expiration of the patent annuity fee for more than six months, there will be a patent restoration fee, the current patent restoration fee is 1000 yuan, and the patent termination notice will be issued about 7 months after the expiration. Note: According to the provisions of paragraph 2 of Article 6 of the Detailed Rules for the Implementation of the Patent Law, you can also apply to the patent administration department for restoration of rights within two and a half months from the date of receipt of the notice from the patent administration department (notice of termination of patent right).

In this case, the patent right can be recovered as long as the standard annual fee, the late fee for the annual fee, and the fee for reinstatement are paid within two and a half months after receiving the notice of termination of the patent right.

Finally, if the above-mentioned fees are not paid within two and a half months after receiving the notice of termination of the patent right, then it is indeed due to the non-payment of the annual fee that the patent right is terminated and invalid, and it is irretrievable, and it has completely become a "public patent".

After the late fee payment period, the patent right can be maintained by paying the late fee and annual fee, and after the late fee payment period, the right can be restored by paying the application and restoration fee. The maximum period is approximately 9 months after the filing date.

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.

The deadline for payment of patent annuity fees is as follows: the annual fees after the current year shall be paid before the expiration of the previous year. If the obligor fails to pay or fails to pay the fee, it 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, if it exceeds one month, 5% of the full annual fee of the current year shall be charged, and if it is not paid within six months, Motan shall terminate the patent.

Article 44 of the Patent Law of the People's Republic of China shall terminate the patent right before the expiration of the term under any of the following circumstances: (1) Failure to pay the annual fee in accordance with the regulations.

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 Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Article 94 The various fees stipulated in the Patent Law and these Rules shall be paid directly to the patent administration department, or through the post office or bank remittance, or in other ways prescribed by the patent administration department. If the payment is made by 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 date of payment 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 wrong 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, and the patent administration department shall refund it.

If the annual fee is not paid on time (except for the annual fee of the year of authorization), or the amount paid is insufficient, the annual fee can be paid within six months from the date of expiration, and the late fee shall be paid at the same time; The patent right shall be terminated from the date of expiration of the annual fee payment, if it is overdue for more than half a year, the patent can no longer pay the annual fee, and the patent will be terminated. The Patent Office will issue a "Notice of Termination of Patent Right", and if there is a legitimate reason or force majeure that the fee cannot be paid within the above time limit, the patentee can request the restoration of the right (official fee of 1,000 yuan) within 2 months after receiving the notice, and at the same time make up the amount of the annual fee payable in full. If you don't have the skills to pay the annual fee, you can go to the cave to entrust a professional to pay on your behalf, and you can search for the Flying Leopard Chain to try it out and then decide.