Do I have to pay a fee every year after applying for a patent?

You need to pay an annual fee for applying for a patent. After obtaining the patent certification, you need to pay the patent fee according to the regulations every year. According to the relevant laws and regulations of our country, the patentee shall pay the annual fee from the year when the patent right is granted. If the patentee waives his patent right in writing without paying the annual fee as required, the patent right shall be terminated before the expiration of the time limit, and shall be registered and announced by the patent administration department of the State Council.

After a patent application is granted a patent right, an annual fee is required to maintain the validity of the patent right. The legislative purpose of the patent law originates from encouraging inventions and promoting scientific and technological progress, and the annual fee is consistent with the legislative purpose of the patent law, both of which are to continuously protect the legitimate rights and interests of the patentee from infringement.

First, the patent right is protected by law, so it is natural to pay the corresponding fees.

Second, the annual patent fee is conducive to the effective use of resources. If the patent is idle in the hands of the patentee, it will not bring economic benefits if it is not applied by itself, and because the patent law protects the patent right, others can't use it, which will cause great waste of social wealth.

Third, it can save the cost of the patentee. If with the development of science and technology, the patented technology is no longer advanced and loses its market value; Or, the annual fee paid by the patentee is greater than the income from holding the patent, so the annual fee can no longer be paid.

In order to keep the patent valid, the annual fee must be paid on time every year. For enterprises or individuals with more patents, it is very important to monitor the patent payment period. If the enterprise has no energy, it can entrust a patent agency to pay the fee to avoid losing the patent right due to expiration. In addition, the patentee also needs to evaluate the patent in time according to the market and the value of the patent to determine whether it is necessary to continue to pay the annual fee.

Legal basis:

patent law of the people's republic of china

Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

1. Failing to pay the annual fee as required;

2. The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.