First, what will happen if the patent does not pay an annual fee? The consequence of not paying the annual fee is that the patent is terminated and no longer valid. However, if the annual fee is paid within six months after the expiration, the patent right will not be lost as long as the prescribed late payment fee is paid.
Second, how to pay the annual patent fee. The annual patent fee can be paid directly to the Patent Office or remitted through the post office.
Reminder: All fees paid to the Patent Office should be marked with the correct application number, fee abbreviation and itemized amount. If it is not specified, it shall be deemed that the payment formalities have not been handled. Therefore, please be sure to write down the correct application number, the short name of the fee and the itemized amount in the remittance information.
If the annual fee is not paid on time (except the authorized annual fee) or the amount paid is insufficient, it can be paid back within six months from the date of expiration of the annual fee, and the late payment fee can be paid at the same time; The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If the overdue payment time exceeds the prescribed time limit but is less than one month, the late payment fee will not be paid. If it is overdue for more than one month, a late fee of 5% of the annual fee will be added, with a maximum of 25%. If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date of paying the annual fee.
Three. How to apply for patent fee waiver The process of applying for patent fee waiver is as follows:
1. If the application is made at the same time and the fees are reduced, the five fees can be reduced together after the application is approved.
2. If it is really difficult to apply for paying the patent fee, you may request the Patent Office to reduce the application fee, examination fee, maintenance fee, reexamination fee and annual fee for the first three years after the patent is approved. Other expenses cannot be delayed.
3. The request for fee reduction shall be examined and approved by the Patent Office. The maximum approval for individual applications will be slowed down by 85%, and the maximum approval for applications by more than two people or units will be slowed down by 70%. If a mitigation request is made, it can be paid according to the approved mitigation amount (individual 15%, unit or more than two people 30%).