1. annual fee deferred processing
Before authorization, if the patent fee has been deferred, the annual fee can be paid in accordance with the approved deferred proportion for three consecutive years from the authorized year. For example, the authorization date takes effect in the third patent year, and the patentee pays the annual fees for the third, fourth and fifth years according to the approved mitigation ratio, and the annual fees are paid in full from the sixth year.
2. The data content in the cell
The data in the cell of the annual fee late payment line is the late payment amount of the corresponding time period. The data in the other three rows of cells are the total amount of annual fees and late fees in the corresponding period after full or reduction.
3. Time period of late payment fee and annual fee
The annual fee period of the late payment fee is calculated according to the following principles (full annual fee x percentage of each corresponding time period):
0% of the time-from the date when the payment period stipulated in the patent certificate expires to the first month (including the last day) after the expiration, no late payment fee will be paid.
5% of the time period-from the first day of the second month after the expiration of the payment stipulated in the patent certificate to 1 month of the second month (including the last day).
10% time period-from the first day of the third month after the payment date stipulated in the patent certificate expires to 1 month of the third month (including the last day).
15% time period-from the first day of the fourth month after the expiration of the payment period stipulated in the patent certificate to January of the fourth month (including the last day).
20% time limit-from the first day of the fifth month after the expiration of the payment period stipulated in the patent certificate to January of the fifth month (including the last day).
25% time limit-from the first day of the sixth month after the expiration of the payment period stipulated in the patent certificate to January of the sixth month (including the last day).
The due date of payment is a legal holiday.
According to Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), if the expiration date is a legal holiday, the expiration date shall be the first working day after the holiday.
5. Provisions on the calculation of annual fees and late fees
If the overdue fee for the first payment of the annual fee is insufficient within the overdue period of six months, the patentee shall repay the annual fee payable according to the overdue fee standard of the payment period where the actual overdue date is located.
For example, the payment period of the late fee of 5% of the annual fee is from May 6 to June 5, and the late fee should be 30 yuan, but the payer only paid 25 yuan. When the payer pays the late payment fee on June 7th, it shall be paid according to the standard of late payment period 10% on the actual payment date, and the late payment fee is 60 yuan.
When the patent right is terminated, a late fee of 25% of the annual fee of the current year shall be paid.
The patent fee is calculated from the first year after the patent application, and the company and individual apply for the same payment.