When paying the fee, the payer shall provide the Patent Office with the necessary payment information such as the application number (patent number), the name and amount of the fee. For bank or post office remittance, if the payment information is submitted through the information supplement system and successfully matched with the bank or post office remittance, the Patent Office will charge according to the payment information supplemented by the payer. If the payment information of the same remittance is supplemented several times, the latest payment information submitted within the prescribed time limit shall prevail. If the payment information is supplemented on the remittance date, the payment date is the remittance date; If it is not completed on the same day, the date when the payment information is completed shall be the payment date. Window face-to-face payment, the patent office (agency) charges according to the payment information submitted by the payer, and the date when the payer actually pays the fee is the payment date.
The patentee shall pay the annual fee from the year when the patent right is granted. 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.
Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard. During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly. The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent.
Where a dispute arises from the exploitation of a patent without the permission of the patentee, that is, infringement of the patent right, it shall be settled by the parties through consultation. Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice of handling.
Article 81 of the Patent Law of People's Republic of China (PRC), anyone who applies for a patent and goes through other formalities with the patent administration department of the State Council shall pay the fees in accordance with the regulations.