The patentee has to pay a certain fee every year from the year when the patent is granted to the expiration of the patent protection period, which is the annual fee. Accurate payment of annual fee is the premise of maintaining the validity of patent right. After the patent application is authorized, the patent applicant shall pay the annual fee of the year when the patent right is granted in addition to the patent registration fee when going through the registration formalities. The annual fee for subsequent years shall be paid in advance within one month before the expiration of the previous year. If the fee is not paid within the specified time or the amount paid is insufficient, it can be paid back within 6 months from the date of expiration of the annual fee, and the corresponding amount of late fees will be paid at the same time, otherwise the patent right will be lost. If the patentee fails to pay the annual fee on time or in full within the specified time limit, he may pay the annual fee within 6 months from the date of expiration, and at the same time pay the corresponding amount of late fees. The specific calculation method for paying the late payment fee is: if (1) exceeds the specified period 1 day to 1 month (including 1 whole month), only the annual fee is required, and no late payment fee is required; (2) If it exceeds 1 month to 2 months (including 2 whole months), the amount of overdue fine payable shall be 5% of the annual fee; (3) If the overdue payment is more than 2 months to 3 months (including 3 whole months), the amount of overdue payment shall be10% of the annual fee; (4) If the time limit exceeds 3 months to 4 months (including 4 whole months), the amount of overdue fine payable is 65438+ 05% of the annual expenses; (five) more than the prescribed period of 4 months to 5 months (including 5 whole months), the amount of overdue payment shall be 20% of the annual expenses; (6) If it exceeds the prescribed period of 5 to 6 months (including 6 whole months), the amount of overdue fine payable shall be 25% of the annual expenses.
Legal objectivity:
Article 95 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of filing or within/0/5 days from the date of receiving the acceptance notice; If it fails to pay or pay in full at the expiration of the time limit, its application shall be deemed to be withdrawn. Where the applicant claims the priority, he shall pay the priority claim fee at the same time as the application fee; Failure to pay or pay in full at the expiration of the time limit shall be deemed as failure to claim priority.