1. How much is the annual fee for an invention patent?

The amount of the annual fee has nothing to do with the value of the invention itself, but is related to the type of patent and the year in which the annual fee is paid. Among the three types of patents, invention patents have the highest annual fees, while utility model patents and design patents have the same annual fees. For example, the annual fee for the eighth year of an invention patent is 2,000 yuan, while the annual fee for utility model and design patents in the same period is 1,200 yuan. For patent rights of the same category, the amount of annual fees payable is the same, and the amount of annual fees increases with the continuation of the protection time, and a progressive system is implemented. For example, the annual fee for utility model and design patents is 600 yuan per year for the first to third years, 900 yuan per year for the fourth to fifth years, 1,200 yuan per year for the sixth to eighth years, and 1,200 yuan per year for the ninth to tenth years. 2,000 yuan per year.

The amount of the annual fee shall be determined based on the year in which the patent right is granted falls within the entire patent term. For example, if the application date for a utility model patent is March 1, 2000, and the grant date is May 1, 2001, then when the patent right is granted, the annual fee for the second year should be paid, not the annual fee for the second year. One year annual fee. The annual fee paid in the following year is the annual fee for the third year, and so on.

2. How to pay patent annual fees

In order to avoid the termination of patent rights due to missed or wrong payment of annual fees, the Patent Law stipulates a 6-month grace period. That is to say, the annual fee is allowed to be paid back within 6 months from the expiration date of the annual fee and late payment fees are paid at the same time. If the annual fee and late payment fee are still not paid in full within the grace period, the patentee will be notified to terminate its patent rights and announced to the public.

If there is a legitimate reason or the grace period is missed due to force majeure, you can submit a request for restoration of patent rights and pay a restoration fee within two months of receiving the notice and two months after the obstacles are removed, and request restoration of the patent. right.

Patent fees can be paid directly to the State Intellectual Property Office, or via post office or bank remittance. The correct patent application number or patent number should be stated, as well as the name of the fees paid (such as annual fees and late fees). If fees are paid through a bank or post office, they should be paid in advance as much as possible.

Can the patentee’s obligation to pay annual fees be fulfilled by others? The State Intellectual Property Office does not ask the source of the fees when charging, so in practice, others are allowed to pay on their behalf.