Should the patentee pay the annual fee from the year when the patent application is filed?

Legal analysis: The patentee shall pay the annual fee from the year when the patent right is granted. The patentee is the subject of the patent right. The patentee includes the patentee and the obligee. The former can be citizens, collective ownership units, foreign trade enterprises or Sino-foreign joint ventures. The latter is a unit owned by the whole people. The patentee also includes the original subject who initially obtained the patent right and the successor subject of the patent right in derivative acquisition.

Legal basis: Article 43 of the Patent Law of People's Republic of China (PRC) stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.