If the patentee fails to pay the annual fee within the time limit or fails to pay it in full, there will be a delay period of 1 month, and the annual fee will be paid in time within the delay period, and there is no need to pay additional late fees.
2, overdue for 2~6 months
If the annual patent fee has not been paid for more than 1 month, a notice of payment will be received from the patent administration department, which will carefully list all the fees that the patentee should pay, including the annual fee and late payment fee.
As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively.
3. More than 6 months
Those who fail to pay the annual fee for more than 6 months will receive 1 notice of patent termination, but the patentee can still keep his patent right.
At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then can submit the application for right restoration.
4, overdue ignore, completely lose the patent right.
In particular, within 2 months after receiving the notice of termination of the patent right, the patent right has not been restored and all fees have not been paid. Under normal circumstances, the patent right is completely terminated and cannot be restored, so it can be used by the whole people.
5. What if the patent right is completely lost?
Generally speaking, after the protection period of invention patents, utility model patents and design patents expires, in fact, many of them no longer have the novelty required by patents. Coupled with the loss of patent rights, only by reapplying for a patent can we save the situation.