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3.6 What could I do if the annual fees are not paid on time?

If the annual fees for the second or any subsequent year are not paid within the prescribed time period, a six-month grace period is provided, during which the annual fees may be paid with a specified percentage surcharge; the maximum of the surcharge shall be the same as the amount originally due. If both the annual fee and surcharge are not paid during the grace period, the patent extinguishes on the original due date. However, a patentee who unintentionally fails to pay a patent annual fee and surcharge within the six-month grace period on time may apply for reinstatement of the patent rights within 1 year after the expiration of the grace period by paying triple the amount originally due.

  • Publish Date : 2020-08-26
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 536

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