Answers to the extension of the patent annual fee payment period

2022-09-07

In order to implement the relevant spirit of the Party Central Committee and the State Council on stabilizing the economic development, the State Intellectual Property Office issued the announcement of the No. 466 announcement to implement the policy of extending the annual payment period of patent fees. In order to effectively implement the policy and help the public understand the scope and situation of policy applications, the answers to related questions are explained as follows.

1. Why is the first annual fee after the policy is not applied?
Answer: The first annual fee for the patent authorization is closely related to the registration procedures of the patent rights and the authorization announcement procedure. The timely paying the first annual fee will help the right holder to complete the patent acquisition procedures in a timely manner and obtain the protection of patent rights. Therefore, the extension of the patent annual fee payment period does not include the first annual fee after patent authorization.

2. How to understand the expiration of the annual fee payment period?
Answer: According to Article 98 of the Implementation Rules of the Patent Law, the annual fee for the granting patent rights after the year shall be paid before the expiration of the previous year. The expiration date of the payment period is on the corresponding day of the year.

3. Can cases that have been in the period of annual fee late period apply to this policy?
Answer: Cases that are already in a period of annual fee late period are not applicable to this policy, but if the right to handle patent affairs is caused by the affected affected by the epidemic, the patent person may handle Restore rights procedures.

4. Before that the patent fee reduction procedures were not completed, it was time to apply for the payment request to apply for the payment of the fee before the expiration of the patent annual fee payment period?
Answer: Patent owners request patent fees to be reduced in accordance with the relevant provisions of the "Patent Fee reduction Measures". Can enjoy this policy. If the patent expenses have been completed and the approval has been qualified, no need to handle it.

5. It has enjoyed the patent right of the extension of the patent annual fee payment period. After that, the right to transfer the rights, and the transfer of the patent person who has not completed the fee reduction procedures. Can the patent right still enjoy the extension of the patent annual fee payment period?
Answer: The patent right of the patent payment period extension policy has been enjoyed. It will not be transferred due to the transfer of rights after the transfer of rights. It will affect the reduction of the cost of the corresponding annual fee for the patent right.

6. After the expiration of June 15, 2023, will I issue a payment notice?
Answer: If a patent person fails to pay or pays the corresponding annual fee before the expire of June 15, 2023, a payment notice will be issued.

7. If the extension period is expired, if the relevant procedures are handled in accordance with the provisions of Article 98 of the Patent Law and paid the annual fee, why should the patent right be terminated from the expiration of the annual fee period in 2022?
Answer: The protection period of patent rights is legal and calculates from the date of application.
The extension of the patent annual fee payment period is only extended to the annual fee payment period of patent rights that meet certain conditions, and it is not the protection period of extending the patent right. Therefore, if the patent person fails to handle the relevant procedures and pay the annual fee in accordance with the provisions of Article 98 of the Patent Law, the patent right shall be terminated from the expiration of the annual fee period in 2022.

8. Will the copy of the patent registration book be explained accordingly to the extension of the patent annual fee payment period?
Answer: There will be a corresponding instructions that the annual annual fees that have not been paid in accordance with the annual annual fee are in line with the provisions of the announcement of the annual annual fee payment period of the National Intellectual Property Office No. 486.

9. How to query the period of payment of the patent fee after extended?
Answer: The extended patent annual fee can be queried on the external network. The specific payment amount and the deadline for payment can be queried through the "China and Multi -National Patent Review Information" platform.

10. If the patent owner receives two annual payment notices, how to pay the annual annual fee and late fund?
Answer: For the patent rights that have not paid the corresponding annual annual fees within the period of the annual fee of the patent fee, they will receive two annual payment notices after the extension of the patent annual fee will be paid. If the patent person is paid during the late period, the annual fee and late fees meet the requirements of the corresponding time limit, and will give priority to the use of annual fees and late fees for the previous year.

Source: China Patent Application Network

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