After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year before the expiration of the previous year. If the annual fee is not paid or paid in full at the expiration of the time limit, the patentee may pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee according to the overdue time. If the annual fee and late payment fee are not paid or the amount paid is insufficient, the patent right shall terminate at the expiration of the previous year.
Termination of patent right
According to the reasons for the termination of the patent right, it can be divided into:
(1) Term expires and terminates: the protection period of the invention patent is 20 years, and that of the utility model or design patent is 10 year.
(2) Termination of non-payment: If the applicant fails to pay or fails to pay the annual fee and late fee in full after the Patent Office issues a notice of payment informing the applicant to pay the annual fee and late fee, the patent right will be terminated at the expiration of the previous year.
(3) The patentee voluntarily requests to give up his patent right.