Why do I have to pay an annual fee to apply for a patent?

According to the patent law, the patentee has the obligation to pay the annual fee according to law. Except that the annual fee for the year when the patent right is granted shall be paid at the same time as the registration formalities, the annual fee for the future shall be paid in advance within one month before the expiration of the previous year. The year here refers to the patent year, which is not necessarily related to the natural year. The patent year is counted from the date of application and is not affected by the priority date and authorization date.

If the patentee fails to pay the annual fee according to law (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 period exceeds the prescribed time limit but is less than one month, the overdue fine will not be paid; If the overdue time exceeds the prescribed time by one month, the overdue fine shall be paid in accordance with the provisions:

(1) If the term exceeds 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;

(five) if the term exceeds five months to six months (including six whole months), the payment amount shall be 25% of the annual expenses.

If the annual patent fee is not paid or the annual patent fee and late payment fee are not paid in full, the patent administration authority will issue a notice of patent termination within two months (not earlier than one month) from the date of expiration of the annual patent fee. If the patentee fails to start the recovery procedure or the recovery procedure is not approved, the patent administration authority will register and announce it in the patent register and patent bulletin respectively within four months after the termination notice is issued.

Where the patent right is terminated due to failure to pay the annual fee, the termination date shall be the expiration date of the previous year.