Do I still have to pay the patent fee after the patent is declared invalid?

There is a charge for submitting a request for invalidation of a patent to the Patent Reexamination Board. The invention patent is 3,000 yuan, and the design and utility model 1500 yuan. If the claimant for invalidation fails to pay or pay the request fee for invalidation in full within one month from the date of filing the request for invalidation, the request for invalidation shall be deemed not to have been filed.

To obtain a patent right, an invention-creation must meet the conditions for granting a patent right stipulated in the patent law. However, in practice, for various reasons, the invention-creation that has been granted the patent right cannot meet the granting conditions stipulated in the Patent Law. In particular, utility model patents and design patents are more likely to be granted patents because they have not been substantially examined and do not conform to the provisions of the patent law. Therefore, in order to ensure the quality of patents and correct the omissions and mistakes in the work of patent offices, a system must be established to correct inventions and creations that do not meet the patent conditions from being granted patent rights, so as not to harm the interests of the state and the public. Thus, the patent invalidation system came into being. This system is realized by setting up a patent invalidation procedure in the patent law. Practice has proved that the establishment of patent invalidation procedure plays a very important role in ensuring patent quality and realizing the purpose of patent law.