What are the consequences of not paying patent annual fees?

We can obtain Patent rights by applying for a patent. Patents are protected by law. Anyone who uses them without authorization will be punished by law. However, when we obtain protection, we also need to pay annual patent fees. So What are the consequences of not paying the patent annual fee? The editor of Legal Savior Network has compiled the following content for you, hoping to help you.

What are the consequences of not paying the patent annual fee

may be declared invalid.

The patentee failed to pay the annual fee on time (not Including the annual fee for the year when the patent right is granted) or if the amount paid is insufficient, the amount can be paid within the prescribed period starting from the expiration date of the annual fee.

"Patent Law" Article 43 Patent The patent holder shall pay annual fees starting from the year when the patent right is granted.

Article 44: One of the following circumstances , the patent right terminates before the expiration of the term:

(1) Failure to pay annual fees in accordance with regulations;

(2) The patentee gives up its patent rights in a written statement.

If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council.

How to regulate the expiration and termination of patent rights

The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both starting from The calculation starts from the filing date.

The patent right shall expire when Register and announce them in the patent register and patent gazette in a timely manner, and transfer the patent application documents to the invalid document library.

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