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Patent maintenance fee is a mandatory fee that the patent owner must periodically pay to the National Office of Intellectual Property to maintain the validity of the patent. Payment of this maintenance fee ensures intellectual property rights to the invention, allowing customers to continue exploiting and enjoying economic benefits from that invention. This article will provide customers with detailed information about patent maintenance fees.
To maintain the validity of a patent, periodic maintenance fees must be paid. Article 30 of Decree 65/2023/ND-CP stipulates the deadline for payment of maintenance fees as follows:
Requests to maintain the validity of the protection title and appraisal fees for the request to maintain validity, fees for maintaining the validity and use of the protection title, registration fees and publication fees must be paid to the management agency. State management of industrial property rights no later than 06 months before the end of the effective period
Maintenance fees can be paid after the specified period, but not more than 06 months from the end of the previous effective period. However, in this case, the protection title owner will have to pay an additional fee for each month of late payment according to the law on fees and charges. The late payment fee is specified in Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance.
According to regulations in Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance, patent maintenance fees include the following fees:
Note:
Patent maintenance fees can be paid in one of two ways:
>>> See more: Patent application: Application form and detailed instructions.
Step 1: Submit application to maintain patent validity at the National Office of Intellectual Property.
Step 2: The National Office of Intellectual Property will consider the request to maintain validity within 01 month from the date of receipt of the request and fees and charges.
Long Phan provides patent protection consulting services as follows:
Maintaining patent validity is a condition for customers to protect intellectual property rights and exploit economic value from their inventions. Customers need to firmly understand the regulations on maintenance fees, fee payment deadlines and related procedures to ensure their rights. If you need further support, please contact us via the hotline: 0906735386 for detailed advice.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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