Patent-related expenses are stipulated as follows:
1. If the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year of granting the patent right, the patentee shall pay it within six months from the date of expiration of the annual fee at the latest, and at the same time pay a late fee.
2. If the payment time exceeds the prescribed payment time for less than one month, no late payment fee will be charged; If the payment time exceeds the prescribed payment time for one month, 5% of the full annual fee of the current year will be charged as a late fee.
3. If the State Council fails to pay the patent termination notice within six months, if the patent is still needed, it must pay the patent restoration fee of 1000, the annual patent fee of 25% and the full annual fee of that year within two months. If it is not handled within these two months, the patent right will be lost and cannot be restored.
4. If the annual patent fee is not paid or the annual patent fee or late payment fee is not paid in full, the examiner shall issue a notice of patent termination two months after the expiration of the annual patent fee.
5. If the patentee fails to start the recovery procedure or the right recovery request is not approved, the Patent Office shall declare it invalid four months after the termination notice is issued, and make an announcement in the patent bulletin.
Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) * * * Where 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 in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of removal of the obstacle, at the latest within 2 years from the date of expiration of the time limit.
In addition to the circumstances specified in the preceding paragraph, 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 in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council.
If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees.
Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities.
The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.