What are the consequences of not paying the annual fee within the validity period of the design patent?
What are the consequences of not paying the annual fee within the validity period of the design patent? After applying for a patent, the patent owner does not mean that he will be protected by law. At this time, he also needs to pay the annual patent fee according to the regulations. What are the consequences of not paying the annual fee within the validity period of the design patent? What are the consequences of not paying the annual fee within the validity period of the design patent? If the patentee fails to pay the annual fee on time after the year of granting the patent right, or the amount paid is insufficient, the Patent Office shall notify the patentee to pay the annual fee within six months from the date of expiration, and pay a late fee of 25% of the annual fee at the same time; If the annual fee is not paid at the expiration of the period, the patent right shall be terminated. Under what circumstances will the patent right terminate? There are two situations, normal termination and early termination. 1, the normal termination of the patent right is natural, because the legal validity of the patent right expires, and its legal effect is naturally terminated. Although this is a normal termination, there are not many cases where the patent right can be maintained until the expiration. 2. Early termination is generally caused by the following reasons (1) that the patentee fails to pay the annual fee on time. If the patentee fails to pay the annual fee on time after the year of granting the patent right, or the amount paid is insufficient, the Patent Office shall notify the patentee to pay the annual fee within six months from the date of expiration, and pay a late fee of 25% of the annual fee at the same time; If the annual fee is not paid at the expiration of the period, the patent right shall be terminated. (2) The patentee waives the patent right in writing. (3) There is no successor. When the patentee is an individual and there is no heir after the death of the patentee, the patent right will automatically terminate; The patentee is a unit, and if there is no successor unit after the bankruptcy of the unit, the patent right will also be terminated. What are the consequences of not paying the annual fee within the validity period of the design patent? We are here to answer this question for you. If you want to apply for an appearance patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.