The patentee is required to pay the annual fee on time, on the one hand, because the state provides him with legal protection and the relevant state institutions also provide services for him; On the other hand, the annual fee, as an economic lever, urges the patentee to give up the patent right with no economic value for the public to use freely. If the patentee fails to pay the prescribed annual fee within the prescribed time limit, his patent right shall be terminated. After the termination of the patent right, it will become public technology and anyone can use it for free. Therefore, it is very important for the patentee to pay the annual fee according to the regulations. The patent applicant shall go through the registration formalities and pay the registration fee and the annual fee of the current year within two months after receiving the notice of granting the patent right. Failure to pay in accordance with the provisions at the expiration of the time limit shall be regarded as giving up the right to obtain the patent right. Thereafter, the annual fee shall be paid in advance within one month before the expiration of the previous year. For example, the filing date of an application for a patent for utility model is March 1 day, 2000, and the annual fee shall be paid in February every year after the patent right is granted. The annual fee has nothing to do with the value of the invention itself, but with the type of patent and the year when the annual fee is paid. Among the three kinds of patents, the annual fee of invention patent is the highest, and the annual fee of utility model patent and design patent is the same. For example, the annual fee for the invention patent in the eighth year is 2000 yuan, while the annual fee for the utility model and design patent in the same period is 1200 yuan. For the same kind of patent right, the amount of annual fee payable is the same, and the amount of annual fee increases with the continuation of protection time, and a progressive system is implemented. For example, the annual fee for utility model and design patent is 2000 yuan in 600 yuan from the first year to the third year, 900 yuan from the fourth year to the fifth year, 1.200 yuan from the sixth year to the eighth year, and 2000 yuan from the ninth year to the tenth year. The amount of the annual fee shall be determined according to the year in which the patent right is granted. For example, if the application date of a utility model patent is March 1 day, 2000 and the authorization date is May 1 day, then the annual fee for the second year should be paid when the patent right is granted, not the annual fee for the first year. The annual fee for the third year is paid in the following year, and so on. In order to avoid the termination of patent right due to missing or wrong payment of annual fee, the patent law stipulates a grace period of June. In other words, the annual fee and late payment fee are allowed to be paid within 6 months from the date when the annual fee expires. If the annual fee and late fee are not paid in full within the grace period, the patentee will be notified to terminate his patent right and announced to the public. If the grace period is missed due to justifiable reasons or force majeure, the applicant may request the restoration of the patent right within two months after receiving the notice and within two months after the obstacle is removed, and pay the restoration fee to request the restoration of the patent right. Patent fees can be paid directly to China National Intellectual Property Administration, or remitted by post office or bank. The correct patent application number or patent number should be stated, as well as the name of the fees paid (such as annual fees and late fees). If the expenses are paid by the bank or post office, they should be paid in advance as far as possible. It should be noted that whether the obligation of the patentee to pay the annual fee can be fulfilled by others? China National Intellectual Property Administration doesn't ask the source of fees when charging, so in practice, others are allowed to pay.
Legal objectivity:
Article 95 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of filing or within/0/5 days from the date of receiving the acceptance notice; If it fails to pay or pay in full at the expiration of the time limit, its application shall be deemed to be withdrawn. Where the applicant claims the priority, he shall pay the priority claim fee at the same time as the application fee; Failure to pay or pay in full at the expiration of the time limit shall be deemed as failure to claim priority.