What if the patent expires? Summary of patent expiration solutions
What if the patent expires? As we all know, the patentee is most worried about forgetting to pay the annual patent fee after the patent is granted, or losing the patent right when the patent expires. Patents have to pay an annual fee, unlike an alarm clock every morning to remind people that patents exceed the protection period. Without the management of special personnel or the service of agency, enterprises will unconsciously lose the ownership of patents to a certain extent, and patents will enter well-known fields for free use by people all over the world. Here is a summary of the solution of patent expiration. What if the patent expires? Patent Expiration Solution Summary What should I do if the patent expires? The solution of patent expiration is summarized as 1. If the patentee fails to pay the annual fee within 1 month after the expiration of the period, there will be a delay period of 1 month, and the annual fee will be paid in time within the delay period without paying additional late fees; 2. If the annual patent fee is overdue for 2~6 months, exceeding 1 month, you will receive a payment notice issued by the patent management department, which will carefully list all the fees that the patentee should pay, including annual fee and late payment fee. As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively. 3. If the annual fee is not paid for more than 6 months, the patent right will be terminated, but the patentee can still keep his patent right. At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then submit an application for right restoration; 4. Failing to pay attention to it within the time limit and completely losing the patent right means that the patent right has not been restored and the relevant fees have not been paid within 2 months after receiving the notice of termination of the patent right. Under normal circumstances, the patent right is completely terminated and cannot be restored, so it can be used by the whole people. 5. What if the patent right is completely lost? Generally speaking, after the protection period of invention patents, utility model patents and design patents expires, in fact, many of them no longer have the novelty required by patents, and the loss of patent rights can only be saved by re-applying for patents. In practical service, Bian Xiao found that after the loss of patent right, as long as a new or improved technical scheme is added to the original technical scheme, patent protection can be successfully obtained. What if the patent expires? Summary of the Solution of Patent Expiration Bian Xiao will answer this question here. To sum up, it is not terrible that the patent forgets to pay the annual fee and the patent expires. The terrible thing is that the patentee does not have a heart to protect the patent. Only when the patentee attaches importance to patent protection or entrusts the monitoring service to an agency can the rights and interests of the patent be guaranteed not to be damaged again!