There is no need to pay a late fee for the annual patent fee that is overdue for one month. A late fee of 5% of the full annual fee will be generated from the second month after the expiration, and the Patent Office will also issue a notice of payment, which will be increased month by month until the sixth month after the expiration. Note: As long as the patent standard annual fee and annual fee late fee are paid within six months after the patent annual fee expires, the patent is still valid and will not cause any problems. All three kinds of patents can enjoy the annual fee reduction policy within 10 years from the year of patent grant. However, after the annual patent fee expires for more than six months, there will be a patent restoration fee. At present, the patent restoration fee is 65,438 yuan+0,000 yuan, and the patent termination notice will be issued about seven months after the expiration. At this time, many people think that the patent right will really be terminated, but it is not, and it can be recovered. Note: According to Paragraph 2 of Article 6 of the Detailed Rules for the Implementation of the Patent Law, you can also request the Patent Administration Department of the State Council to restore your rights within two and a half months from the date of receiving the notice (notice of termination of patent right) from the Patent Administration Department of the State Council. At this time, as long as the patent standard annual fee, annual fee late fee and recovery right request fee are paid within 2 and a half months after receiving the patent termination notice, then the patent right can be restored. Finally, if the above fees are not paid within two and a half months after receiving the notice of termination of the patent right, then the patent right is really terminated because of the failure to pay the annual fee, which is irreversible and completely becomes a "public patent". 2. What's the difference between a design patent and a utility model patent? 1. Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of product and the combination of color and shape and pattern. 2. A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The term of invention patent right is twenty years. The term of patent right for utility model is ten years, counting from the date of application. Legal basis: Article 2 of the Trial Measures for Voluntary Registration of Works implements voluntary registration. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law.
Legal objectivity:
patent law of the people's republic of china
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised 20 10).
Article 98
The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay the annual fee within 6 months from the date of expiration, and pay the late fee at the same time;
The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time;
If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date when the annual fee should be paid.