MAINTAINING YOUR PATENT

All issued invention patents are subject to maintenance fees or annual fees, which must be paid to maintain the patent in force. 

For patents filed under RA 8293 (new law) - the annual fee shall be paid upon the expiration of four years from the date the application was published pursuant to section 44, and on each subsequent anniversary of such date.

Payment of the annual fee may be made 3 months before the due date.

If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent shall be considered as lapsed from the day following the expiration of the period within which the annual fee was due.
A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the prescribed surcharge for delayed payment.


For patents filed under RA 165 (old law) – The first annual fee on a patent for invention shall be due and payable on the expiration of four years from the date of issue of the patent. Annual fees of subsisting patents shall be due and payable on the fifth and each subsequent anniversary of the date of issue until the term of the patent expires.

If any annual fee is not paid within the prescribed time, a notice of non-payment shall be published by the patent office in the official gazette, and the patentee shall have six months from the date of the actual publication to pay the fee, together with the surcharge required for the delayed payments. If the patentee does not pay the annual fee and the surcharge within six months, the letters patent lapses.

A lapsed patent may be reinstated within two years from the date on which the first unpaid annual fee was due, upon payment of all annual fees then due, of the surcharge for reinstatement, and of all expenses for publication in the official gazette.

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