Intellectual property · Legal information

What Happens If the Annual Patent Fee Is Not Paid?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The annual patent fee is the periodic fee paid for protection to continue. It is not the same line as the application fee. The question of what happens if the annual patent fee is not paid does not announce a lapse if the calendar on the register is not there. The amount of the fee, a percentage and a patent year are not in this text.

Non-payment can open a risk that the right will lapse. The risk is not written as a result before the payment document and the register entry have been seen. If there is no year in the file, a year is not added. If there is no amount in the file, an amount is not added either.

It is not the same line as the application fee

The item paid at the time of the application concerns the submission of the invention to the Office. The annual fee concerns the right remaining in force in later periods. The two slips are not treated as the same envelope. The description on the slip shows which item was paid. If there is no description, the item is not invented. The registration certificate does not mean that the annual fee was paid. The certificate shows that the right was granted. The periodic payment is followed separately.

The term of protection is the maximum frame of the right. The annual fee does not stand in for this frame. If payment fails even before the frame is full, the right may come under risk. This sentence is not a particular number of years. A patent year is not written in the file. This text does not set a year either. The question of how many years the term lasts is in the article on the term of protection, and it is not carried here as a figure. Carrying it joins the two concepts.

If it is not paid, the risk of lapse is read from the register

The right holder or the representative follows the period calendar from the register. The register address not being current can lead to a notice of service being missed. If there is no service, it is not read as if there had been a notification. If a petition for a change of address was filed, the date of the petition is compared with the address on the register. If there is no date, a day of notification is not invented. If there is a licence, the duty to pay may have been shared in the contract. If the contract is silent, the sharing is not completed from here. Payment by the licensee does not change the right holder's name on the register.

In some situations an extra period, or payment with a surcharge, may be discussed. This text does not write the day of that period or the percentage of the surcharge. If it is not written in the file, it is not added. The right coming back after a lapse is a narrow and conditional route. The condition is read from the register and from the Office's writing. If there is no writing, restoration is not assumed. A payment slip does not erase the lapse by itself. The date of the slip and the lapse record are placed side by side. If the two conflict, both stand.

Country regimes are not a single payment

In an international application each country may apply its own annual regime. A single slip is not treated as having covered the fee of every country that was chosen. Which country was paid is read from the slip and from the list of countries. If there is no list, a country is not invented. The international application document does not stand in for the national register. Each register carries its own calendar. A lapse in one country does not cause the record of another country to lapse by itself.

If the representative has changed, the old representative's calendar does not pass to the new representative by itself. The passage is read from the representative record on the register. If there is no record, the representative is not treated as changed. Who will deposit the fee is understood when the contract and the register stand together. If both are missing, the paying person is not announced. The amount is still not written. The percentage is not written either. If the payment was made by someone other than the right holder, the description on the slip shows in whose name it was deposited. If there is no description, the payer is not treated as the right holder. This situation fills neither the amount nor the patent year. If the slip and the register entry conflict, both stand and one is not deleted.

A Çankaya address does not choose the Office

Counsel in Ankara does not write the Çankaya address of the office in place of the Office. The competent authority is the institution in the patent's register entry. An amount or a year is not added so that the fee will pass by itself. The district of the office does not change the authority for the patent fee. The name of a district does not stand in for the calendar on the register.

How the calendar is read from the register

An amount of the fee, a percentage and a patent year that are not written in the file are not added. The application fee is not read as the annual fee.

Conclusion

The answer to what happens if the annual patent fee is not paid is that the periodic payment is followed from the register. An amount, a percentage and a patent year are not written. The frame of protection is under the term of protection. The steps of the application are under a patent application. The international route is under an international patent, and the licence is under a patent licence. The frame is on the intellectual property page. The basis is in the text of Industrial Property Code No. 6769.

Legislation

Frequently asked questions

Is it the same thing as the term of protection?

No. The term of protection is the maximum frame. The annual fee is a periodic duty to pay. This text does not write a patent year.

Is the application fee the annual fee?

It is not. The application fee and the periodic fee after registration are separate lines. The amount is not in this text.

Is late payment always possible?

The statute may provide an extra period or payment with a surcharge. If the day and the percentage are not in the file, they are not added. The register and the notice of service are read.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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