The patentee has to pay a certain fee every year from the year when the patent is granted to the expiration of the patent protection period, which is the annual fee. Accurate payment of annual fee is the premise of maintaining the validity of patent right. After the patent application is authorized, the patent applicant shall pay the annual fee of the year when the patent right is granted in addition to the patent registration fee when going through the registration formalities. The annual fee for subsequent years shall be paid in advance within one month before the expiration of the previous year. If the fee is not paid within the specified time or the amount paid is insufficient, it can be paid back within 6 months from the date of expiration of the annual fee, and the corresponding amount of late fees will be paid at the same time, otherwise the patent right will be lost. If the patentee fails to pay the annual fee on time or in full within the specified time limit, he may pay the annual fee within 6 months from the date of expiration, and at the same time pay the corresponding amount of late fees. The specific calculation method for paying the late payment fee is: if (1) exceeds the specified period 1 day to 1 month (including 1 whole month), only the annual fee is required, and no late payment fee is required; (2) If it exceeds 1 month to 2 months (including 2 whole months), the amount of overdue fine payable shall be 5% of the annual fee; (3) If the overdue payment is more than 2 months to 3 months (including 3 whole months), the amount of overdue payment shall be10% of the annual fee; (4) If the time limit exceeds 3 months to 4 months (including 4 whole months), the amount of overdue fine payable is 65438+ 05% of the annual expenses; (five) more than the prescribed period of 4 months to 5 months (including 5 whole months), the amount of overdue payment shall be 20% of the annual expenses; (6) If it exceeds the prescribed period of 5 to 6 months (including 6 whole months), the amount of overdue fine payable shall be 25% of the annual expenses.
Legal objectivity:
The annual patent fee refers to the fee that the patentee shall pay to the Patent Office year by year from the year when the patent right is granted. Common sense of paying the annual patent fee-According to Article 96 of the Detailed Rules for the Implementation of the Patent Law, if the patentee fails to pay the annual fee on time, the patent administration department will notify him to pay the late fee six months after the expiration of the grace period. If the patent fails to pay the annual fee after the expiration of the grace period, the patent right shall be terminated from the date when the annual fee should be paid. Apply for the restoration of rights within the prescribed time limit from the date of receiving the notice of termination, and the patent right will be completely lost after the deadline. Generally speaking, the patent annual fee is paid annually, and the patent registration fee, announcement printing fee and the annual fee of the year when the patent is granted are paid at the time of registration. Thereafter, the annual fee shall be paid one month before the expiration of the previous year. Overdue, should be paid within the grace period given by the administrative department, that is, within 6 months, and pay late fees (5% of the annual fee should be paid every month). After the termination of the patent right, all applications for restoration of the right shall be filed in accordance with the requirements of the termination notice. If approved, the application fee will be paid according to the steps and procedures required for re-application. The payment method of patent annual fee is very flexible: direct payment to the patent office, post office or bank remittance.