With the continuous enhancement of intellectual property protection awareness, patent term compensation has become a focus of many patent owners. On August 6, 2024, the China National Intellectual Property Administration (CNIPA) issued the "Announcement on Adjusting Some Patent Fee Standards and Reduction Policies" (No. 594), which adjusted the patent term compensation fee and related policies. This article will provide a detailed interpretation of the new policy and an operation guide to help patent owners better understand and utilize this policy.
1. Patent Term Compensation Fee
According to the announcement, when patent owners file a request for patent term compensation, they are required to pay a patent term compensation request fee, which is now set at CNY200 per case. The introduction of this fee is intended to refine the patent fee structure and ensure the rationality and fairness of the patent term compensation mechanism.
2. Annual Fee for Patent Right Compensation Period
For patents that meet the compensation conditions after review, the patent owner should pay the annual fee for the patent right compensation period, which is now set at CNY8000 per year. The establishment of this fee helps to maintain the stability and continuity of patent rights and also provides patent owners with a clearer fee expectation.
3. Application and Payment for Patent Term Compensation
Patent owners who filed a request for patent term compensation before July 26, 2024, should pay the patent term compensation request fee before October 26, 2024. Failure to pay or pay in full after the deadline will not be compensated for the patent term. In addition, after the China National Intellectual Property Administration (CNIPA) makes a decision to grant patent term compensation, the patent owner should pay the annual fee for the patent right compensation period in one lump sum before the expiration of the 20-year term of the patent right.
4. Non-applicability of Patent Term Compensation
It is worth noting that there is no grace period or late payment fee for the annual fee for the patent right compensation period, and it is not applicable to the situations where fees are reduced as stipulated in the patent fee reduction methods. This means that patent owners need to strictly complete the payment according to the specified time nodes to ensure the effectiveness of the patent term compensation.
5. Conclusion
The patent term compensation policy reflects the China National Intellectual Property Administration's continuous improvement and optimization of the patent right protection mechanism. As a patent owner, understanding and mastering these new policies is crucial for protecting one's legal rights and interests. It is hoped that this article can provide valuable reference and guidance for patent owners.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.