The annual patent fee refers to the fee that the patentee shall pay to the Patent Office year by year from the year when the patent right is granted. The calculation methods of annual fees and late fees for invention patents, utility model patents and design patents are as follows:
Legal objectivity:
The annual patent fee refers to the fee that the patentee shall pay to the Patent Office year by year from the year when the patent right is granted. Common sense of patent annual fee payment-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, the patent administration department will notify him to pay the late fee six months after the expiration of the grace period. If the late fee is not paid after the expiration of the grace period, the patent right shall be terminated from the date when the annual fee should be paid. Apply for the restoration of rights within the prescribed time limit from the date of receiving the notice of termination, and the patent right will be completely lost after the deadline. Generally speaking, the patent annual fee is paid annually, and the patent registration fee, announcement printing fee and the annual fee of the year when the patent is granted are paid at the time of registration. Thereafter, the annual fee shall be paid one month before the expiration of the previous year. Overdue, should be paid within the grace period given by the administrative department, that is, within 6 months, and pay late fees (5% of the annual fee should be paid every month). After the termination of the patent right, all applications for restoration of the right shall be filed in accordance with the requirements of the termination notice. If approved, the application fee will be paid according to the steps and procedures required for re-application. The payment method of patent annual fee is very flexible: direct payment to the patent office, post office or bank remittance.