If the patent fails to pay the annual fee on time, there will be the following three consequences. 1. Overpayment of late fees. The annual patent fee needs to be paid in advance within 65,438+0 months before the expiration. If the payment is not made within this time, there will be a "recovery period" of 6 months. However, the parties need to pay a certain late fee, which is 5% of the full annual fee every 1 month. 2. Termination of patent right. If the annual patent fee is not paid in full within the overdue period of 6 months, the patent right will be terminated. Unless the payment is not made due to force majeure or justified reasons, the patent right will be lost forever. 3. Loss of market competitiveness. Once the patent is invalid, the invalid patent is no longer binding on the use of the technology involved, and any unit or individual can use it for free to obtain economic benefits. For enterprises, the market competitiveness is lost, and patented technology is not protected by law.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.
Article 14 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.