Patent maintenance fee: Detailed regulations & instructions

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.

When must the patent maintenance fee be paid?

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.

What types of fees are included in the patent maintenance fee?

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:

1. Fee for maintaining the validity of the patent protection certificate: 100,000 VND (per year for each independent point of the protection claim).
2. Maintenance request appraisal fee: 160,000 VND (per application).
3. Information disclosure fee: 120,000 VND.
4. Information registration fee: 120,000 VND.
5. Fee for using protection certificate (per year):

• First year, second year: 300,000 VND;
• 3rd year, 4th year: 500,000 VND;
• 5th year, 6th year: 800,000 VND;
• 7th year, 8th year: 1,200,000 VND;
• 9th year, 10th year: 1,800,000 VND;
• 11th year – 13th year: 2,500,000 VND;
• 14th year – 16th year: 3,300,000 VND;
• 17th year – 20th year: 4,200,000 VND.

Note:

• The above fees may change according to the provisions of law.
• It is necessary to clearly distinguish between “fees for maintaining validity” and “fees for using protection titles”.

Instructions on how to pay patent maintenance fees

Patent maintenance fees can be paid in one of two ways:

• Submit online: Through the information system for handling administrative procedures of the Ministry of Science and Technology.
• Submit directly or via postal service: Go to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Documents required to maintain the validity of a patent protection certificate include:

1. Declaration according to Form No. 07 in Appendix II of Decree 65/2023/ND-CP.
2. Authorization document (if applying through a representative).
3. Copy of fee and fee payment voucher (if paying fees and charges via postal service or directly to the Intellectual Property Department’s account).

>>> See more: Patent application: Application form and detailed instructions.

Procedures for maintaining patent validity are carried out as follows:

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.

• If the application is valid, the Intellectual Property Office will record it in the National Patent Register, issue a notice on the maintenance of the validity of the protection certificate and publish it in the Industrial Property Gazette within 60 days from the date of notice.
• If the dossier is incomplete or invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to maintain and set a period of 02 months to correct the errors or raise objections. If past this time limit there is no repair or the repair does not meet the requirements, the National Office of Intellectual Property will issue a decision to refuse to maintain the validity of the protection title.

Consulting services and support for issues related to patent protection

Long Phan provides patent protection consulting services as follows:

• Consulting on conditions for patent protection;
• Consulting and drafting dossiers for registration of patent protection;
• Consulting with competent authorities to register for patent protection;
• Instructions on the order and procedures for registering for patent protection;
• From costs incurred when registering for patent protection;
• Consulting, explanation guidance and additional documents (if any);
• Advise on how to maintain patent validity;
• Consulting and answering other related issues.

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.