PATENT MAINTENANCE
All issued invention patents are subject to maintenance fees or annual fees, which must be paid to maintain the patent in force.
The annual fee shall be paid upon the expiration of four (4) years from the date the application was published.
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If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent shall be considered as lapsed from the day following the expiration of the period within which the annual fee was due.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.
The first annual fee on a patent for invention shall be due and payable on the expiration of four (4) years from the date of issue of the patent.
Annual fees of subsisting patents shall be due and payable on the fifth (5th) 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 (6) 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 (6) months, the letters patent lapses.
A lapsed patent may be reinstated within two (2) 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.
SCHEDULE OF PAYMENT
Annuity-related fees | Under R.A. 8293 | Under R.A. 165 | ||
Small Entity (Less than 100M worth of assets) | Big Entity (More than 100M worth of assets) | Small Entity (Less than 100M worth of assets) | Big Entity (More than 100M worth of assets) | |
5th year annuity | 1,550.00 | 3,240.00 | 1,550.00 | 3,240.00 |
6th year annuity | 2,000.00 | 4,320.00 | 2,000.00 | 4,320.00 |
7th year annuity | 2,580.00 | 5,400.00 | 2,580.00 | 5,400.00 |
8th year annuity | 3,100.00 | 6,480.00 | 3,100.00 | 6,480.00 |
9th year annuity | 4,140.00 | 8,640.00 | 4,140.00 | 8,640.00 |
10th year annuity | 5,170.00 | 10,800.00 | 5,170.00 | 10,800.00 |
11th year annuity | 6,670.00 | 13,920.00 | 6,670.00 | 13,920.00 |
12th year annuity | 8,280.00 | 17,280.00 | 8,280.00 | 17,280.00 |
13th year annuity | 9,770.00 | 20,400.00 | 9,770.00 | 20,400.00 |
14th year annuity | 11,900.00 | 24,480.00 | 11,900.00 | 24,840.00 |
15th year annuity | 13,970.00 | 29,160.00 | 13,970.00 | 29,160.00 |
16th year annuity | 15,980.00 | 33,360.00 | 15,980.00 | 33,360.00 |
17th year annuity | 18,050.00 | 37,680.00 | 18,050.00 | 37,680.00 |
18th year annuity | 21,670.00 | 45,240.00 | - | - |
19th year annuity | 26,040.00 | 54,360.00 | - | - |
20th year annuity | 31,222.00 | 65,160.00 | - | - |
Claims in excess of 5 from 5th until the expiry of the patent | 210.00 | 420.00 | 210.00 | 420.00 |
Surcharge for late payment of annual fee | 50% of the total Annual Fee | - | - | |
Notice and publication of non-payment of annual fee | 360.00 | 360.00 | - | - |