What is the calculation requirement of annual patent fee?

1. What is the calculation requirement of the annual patent fee? After the patent application is approved by the China Patent Office to grant the patent right, the patentee shall pay the annual fee to the China Patent Office on time. The annual fee standards for invention patents, utility model patents and design patents are different, but the payment period and method are the same. The annual calculation method for paying the annual patent fee is the same as the invention patent maintenance fee. The first day of various deadlines stipulated in Article 6 of the Detailed Rules for the Implementation of the Patent Law of China shall not be counted in the deadline. If the term is calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the month, the last day of the month shall be the due date. Therefore, the annual fee is paid from the date of patent application to the same day of the following year, and one year is called one year. From the date of application, the current year is the first year and the following year is the first year. The annual fee shall be paid within one month before the due date. The annual fee shall be paid to the Chinese Patent Office in the year when the patent right is granted. The annual fee for the year of authorization is as follows: the publication date plus 3 months on the authorization announcement issued by China Patent Office is the authorization date. For an application for a patent for invention, if the authorization date is later than the due date for paying the maintenance fee, the patentee is not required to pay the annual fee for that year. If the authorization date is before the payment due date, if the maintenance fee is not paid, the annual fee will be paid directly; If the maintenance fee has been paid, the difference between the annual fee and the maintenance fee of the current year shall be paid. The application for patent for utility model and design is also based on the date of authorization announcement issued by China Patent Office plus 3 months as the authorization date. In which year is the sunset authorized and the annual fee paid; The applicant shall pay the patent certificate fee and annual fee as required after receiving the authorization notice. (The announcement date of utility model and design is the authorization date) If the annual fee is not paid within the prescribed time limit, there will be a six-month overdue period. If the annual fee is overdue, 25% of the annual fee will be paid as a late fee. If the annual fee is not paid within the time limit, the China Patent Office will issue a notice to the patentee, which will be regarded as giving up the patent right and published in the patent gazette. The patentee cannot request the restoration of the patent right. 2. How much is the late fee for patent annual fee and how to calculate it? According to the Patent Law and relevant laws and regulations, the patentee must pay the annual patent fee in accordance with the regulations every year, and if he fails to pay it within the time limit, he will also pay a late fee. How to calculate the late fee for patent annual fee? If the patentee fails to pay the annual fee on time (excluding the annual fee of the year when the patent right was granted) or the amount paid is insufficient, it may pay it within six months from the date of expiration of the annual fee. If the overdue time exceeds the prescribed time limit but is less than one month, no overdue fine will be paid. If the overdue time exceeds the specified time by one month, the corresponding amount of overdue payment shall be paid according to the following calculation method: (1) If the overdue time exceeds the specified time by one month (excluding one whole month) to two months (including two whole months), the payment amount shall be 5% of the full annual fee; (2) If the term exceeds two to three months (including three whole months), the payment amount shall be10% of the annual fee; (3) If the term exceeds three to four months (including four whole months), the payment amount shall be15% of the full annual fee; (four) for a period of more than four to five months (including five whole months), the payment amount is 20% of the annual expenses; (5) If the term exceeds five to six months, the payment amount shall be 25% of the annual expenses. If the first payment is insufficient and the payment is overdue again within the overdue period of six months, the amount of the late payment fee shall be the full annual fee exceeding the corresponding percentage of the specified month when the payment is overdue again. In case of termination due to overdue or insufficient payment of annual fee and/or late payment fee, in the recovery procedure, in addition to paying the annual fee, a late payment fee of 25% of the full annual fee shall be paid or paid. Users pay the annual fee through online payment, and there is a delay period of 6 months. As long as they pay the annual fee and the corresponding late fee during this period, the patent right will be suspended. In the process of patent restoration, in addition to the fees they should have paid, they will also pay a late fee of 25% of the annual fee, so it is best to pay the fees on time every year to avoid unnecessary expenses.