First, the patent annual fee payment standard
Patent annual fee payment standard: the annual fee has nothing to do with the value of the invention itself, but it is related to the type of patent and the year when the annual fee is paid. Among the three kinds of patents, the annual fee of invention patent is the highest, and the annual fee of utility model patent and design patent is the same. For example, the annual fee for the invention patent in the eighth year is 2000 yuan, while the annual fee for the utility model and design patent in the same period is 1200 yuan. For the same kind of patent right, the amount of annual fee payable is the same, and the amount of annual fee increases with the continuation of protection time, and a progressive system is implemented. For example, the annual fee for utility model and design patent is 2000 yuan in 600 yuan from the first year to the third year, 900 yuan from the fourth year to the fifth year, 1.200 yuan from the sixth year to the eighth year, and 2000 yuan from the ninth year to the tenth year. The amount of the annual fee shall be determined according to the year in which the patent right is granted.
Second, the length of the annual patent fee.
According to the provisions of the Patent Law of People's Republic of China (PRC), if the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated as of the expiration of the previous year. If the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year when the patent right was granted, the patent administration department of the State Council shall notify the patentee to pay the annual fee within 6 months from the date when the annual fee should be paid, and pay the late fee at the same time; The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date when the annual fee should be paid.
Third, the legal basis
According to China's patent law and its detailed rules and examination guidelines, failure to pay the annual fee on time is regarded as abandonment and termination of the patent right. Under normal circumstances, if you put forward a request to restore the patent right within two months after receiving the notice of patent termination and explain the reasons, you can restore the patent right. It is generally difficult to restore the patent right beyond this time limit.