The specific calculation method for paying late fees is as follows:
If the term of 1. exceeds 1 day to 1 month (including 1 whole month), only the annual fee is required, and no late payment fee is required;
2. If the time limit exceeds 1 month to 2 months (including 2 whole months), the amount of overdue fine payable shall be 5% of the annual fee;
Three, more than the prescribed period of 2 months to 3 months (including 3 whole months), the amount of overdue payment shall be10% of the annual fee;
Four, more than the prescribed period of 3 months to 4 months (including 4 whole months), the amount of overdue payment shall be15% of the annual fee;
Five, more than the prescribed period of 4 months to 5 months (including 5 whole months), the amount of overdue fine payable is 20% of the full annual cost;
Six, more than the prescribed period of 5 months to 6 months (including 6 whole months), the amount of overdue fine payable is 25% of the full annual cost.
Payment method:
Fees can be paid directly to the Patent Office or remitted by post office.
All kinds of fees paid to the Patent Office shall be marked with the correct application number, short name of fees and itemized amount, and those that are not marked shall be regarded as not having gone through the payment procedures. 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.
In any of the following circumstances, the patent fee waiver request shall not be approved:
(1) Failing to use the request for fee reduction formulated by the Patent Office;
(two) all the applicants or patentees have not signed or sealed the request for fee reduction;
(three) the unit or individual that requested the fee reduction failed to provide the certificate in accordance with the provisions of Article 7 of these Measures;
(4) The annual personal income of the applicant or patentee exceeds 25,000 yuan;
(5) The annual personal income of all applicants or patentees is not indicated in the fee reduction request;
(six) the applicant or the patentee is two or more units;
(seven) the name of the applicant or patentee in the request for fee reduction or the name of the invention-creation is inconsistent with the corresponding content in the patent request.
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