Why do we still have to pay annual fees after patent authorization?

The payment of annual fees to maintain the validity of patent rights after patent authorization is a provision of patent law, not only in China, but also in other countries around the world. The underlying reason for doing so is to balance the interests of the public and the private interests of patent holders. Due to the fact that patent rights are held by the rights holder, only when the rights holder implements the patented technology can the technology itself exert its value. If they do not use it themselves and still occupy the rights for nothing, and the public cannot use it, it will result in technological waste. So countries all adopt the method of paying patent annual fees to force rights holders to give up exclusive rights when technology cannot exert sufficient value, in order to balance the interests of both parties.

When should the annual patent fee be paid specifically?

According to regulations, the annual fee for the year of authorization should be paid at the time of registration procedures, and subsequent annual fees should be paid before the expiration of the previous year, with the deadline corresponding to the application date. For example, if the application date is May 10, 2023, the annual fee for 2025 must be paid before May 10, 2025.

What if I miss the payment deadline?

If the payment is overdue, there will be a 6-month late payment period, during which the payment can be made up, but there will be additional late payment fees, which will be higher the longer the delay. If payment is not made within the 6-month overdue period, the patent right will be completely terminated.

At this time, the patentee may still submit a request for restoration of rights within 2 months from the termination date, and pay the annual fee, late fee, and restoration request fee in full. But this would incur high costs, so it is essential to pay on time.