The annual calculation method for paying the annual patent fee is the same as the invention patent maintenance fee. Article 6 of the Detailed Rules for the Implementation of China's Patent Law stipulates that "the first day of various time limits stipulated in the Patent Law and the Detailed Rules for the Implementation shall not be counted in the time limit. If the term is calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the month, the last day of the month shall be the effective period. " Therefore, the annual fee is paid from the date of patent application to the same day of the following year, and one year is called one year. From the date of application, the current year is the first year and the following year is the first year. The annual fee shall be paid within one month before the due date.
The annual fee shall be paid to the Chinese Patent Office in the year when the patent right is granted. The annual fee for the year of authorization is as follows: the publication date plus 3 months on the authorization announcement issued by China Patent Office is the authorization date. For an application for a patent for invention, if the authorization date is later than the due date for paying the maintenance fee, the patentee is not required to pay the annual fee for that year. If the authorization date is before the payment due date, if the maintenance fee is not paid, the annual fee will be paid directly. If the maintenance fee has been paid, the difference between the annual fee and the maintenance fee of the current year shall be paid.
The application for a patent for a new type or design is also based on the date of publication of the authorization announcement issued by the China Patent Office plus 3 months as the authorization date. In which year of sunset authorization, after receiving the authorization notice, the applicant should pay the annual fee at the same time as the patent certificate fee.
Those who fail to pay the annual fee within the prescribed time limit will be overdue for 6 months. If the annual fee is overdue, an additional 25% annual fee will be charged as a late fee. If the annual fee is not paid within the time limit, the China Patent Office will issue a notice of "deemed to have waived the patent right" to the patentee and publish it in the patent bulletin. The patentee cannot "request the restoration" of the patent right.
Legal basis: According to Article 45 of the Patent Law of People's Republic of China (PRC), the term of the invention patent is 20 years, and the term of the utility model patent and the design patent is 10 years, all of which are counted from the date of filing.