Patent Annuities Demystified: Why Must They Be Paid Every Year? How Are They Paid, and How Much Do They Cost?

2024-05-25

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After a patent application has been successfully filed, many applicants may have questions about the ensuing...Patent annuity feeFeeling puzzled: Why must this fee be paid every year? When is it due? What is its purpose? What are the rules for paying patent annuity fees in each country? Today, our editor will provide detailed answers to these questions.

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Why must patent annuity fees be paid?
Patent annuity — a maintenance fee paid to the patent office to keep the patent in force throughout its validity period.

1. Support the Patent Office’s operations:
The operation of the Patent Office, the salaries of examination personnel, and the maintenance of the database require financial support.

2. Promoting the commercialization and effective utilization of patents:
For patents that are genuinely valuable and have market potential, patent holders will naturally be willing to pay the renewal fees to maintain their validity.
And those idle patents, which require ongoing payment of annual fees, will prompt patent holders to reconsider their commercial value and utilization methods, avoiding patent idleness and 'zombification'.

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Annual fee payment rules for patents in popular countries
Vacuum sealerResource allocation conflicts become prominent.

The rules for paying annual patent fees vary from country to country. Next, let’s take a look at the annual patent fee payment rules for major popular countries!

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1


United States

① Invention Patent:

Term of protection: from the date of application20 years.
Payment deadline: calculated from the date of authorizationThe first annual fee is payable in year 3 to 3.5.; Calculated from the date of authorizationPayment of the second annual fee in years 7–7.5; Calculated from the date of authorizationPay the third annuity between years 11 and 11.5..
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② Design patent:

Term of protection: from the date of authorization15 yearsNo patent maintenance fee is payable.

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Europe

① Invention patent

Term of protection: from the date of application20 years.
Payment deadline: from the date of applicationYear 3Start paying the annual fee,Pay annually.
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② Design patent

Term of protection: from the date of application25 years.
Payment deadline:Every 5 yearsOne renewal can be made, with a maximum of 4 renewals.
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Japan

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: initiated under the patent authorization noticePay the fees for the first three years in a single payment within 30 daysannual fee, and then fromPayment starts from the 4th year onwards on a yearly basis.
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② Design patent
Protection term: 25 years from the date of application.
Payment deadline: Pay the registration fee for the first year within 30 days from the date of the patent authorization notice, and then pay annually from the second year onwards.
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South Korea

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: The applicant shall complete the patent registration formalities and pay the registration fee, which is the annual fee for the first three years, within three months from the date of receiving the authorization decision. From the fourth year onwards, the annual fee shall be paid annually (the payment deadline is the corresponding date of the authorization day in that year) or multiple years' fees can be paid at once.
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② Design patent
Term of protection: from the date of registration20 years.
Payment deadline: The applicant shall complete the patent registration formalities and pay the registration fee, which is the annual fee for the first three years, within three months from the date of receiving the authorization decision. From the fourth year onwards, the annual fee shall be paid annually (the payment deadline is the corresponding date of the authorization day in that year) or multiple years' fees can be paid at once.
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Apple has used infrared (IR) transmitters/receivers in Macs, which can theoretically be used for any short-distance data exchange.

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: The applicant should pay fromStarting from the 5th yearAnnual fees are paid every year. The absolute deadline for payment is the last day of the month in which the fourth anniversary of the application date and each subsequent anniversary falls.
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② Design patent
Term of protection: from the date of application25 years.
Payment deadline: The applicant should pay fromStarting from the 6th yearPayment of annual fees commences, and the final payment deadline is calculated from the filing date. Payment may be made six months in advance. A six-month grace period applies to late payment, and the patent term may be renewed no more than four times, with each renewal extending the validity period by five years.
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South Africa

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: from the date of applicationYear 3Payment of the annual fee shall commence before the term expires and shall be made annually.
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② Design patent
Term of protection:
① Aesthetically appealing design: from the filing date15 years;
② Utility Model Design: from the filing date10 years.
Payment deadline: from the date of applicationYear 3Payment of the annual fee shall commence before the term expires and shall be made annually.
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Canada

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: from the date of applicationYear 2To begin, an annual maintenance fee must be paid to keep the patent application or patent in force.
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② Design patent
Term of protection: from the date of authorization10 years.
Payment deadline: from the date of registrationwithin five yearsPay the remaining maintenance fee.
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Singapore

① Invention patent
Term of protection: from the date of application20 years.
Payment deadline: fromYear 5Start paying annual fees, which must be paid 3 months before the expiration date, with a grace period of 6 months.
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② Design patent
Term of protection: from the date of application15 years.
Payment deadline: from the date of applicationThe 6thRenewal must be effected before the anniversary date, once every five years.
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This is the carefully compiled by the editorAnnual fee payment rules for patents in popular countriesOverview. Please note that paying the annual fee in a timely manner after patent licensing is an important step in ensuring the validity of the patent. Therefore, it is strongly recommended that all patent applicants remember the payment deadline to avoid unnecessary trouble caused by forgetting to pay and to ensure that your innovative achievements receive the protection they deserve!

If you need assistance with overseas patent applications, please feel free to contact Damai at any time! We are committed to providing professional and efficient international intellectual property application services.


In wind and rain, Damai Intellectual Property has always been with you on your journey of cross-border brand and product expansion!

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Damai Intellectual Property was established in 2015 and is a professional service provider approved by the National Intellectual Property Administration that has completed formal trademark registration and filing. After eight years of accumulated experience, Damai has leveraged its strong professional expertise and exceptionally attentive service to provide global trademark, patent, copyright, and other services to tens of thousands of businesses, developing into a leading intellectual property service provider in the cross-border e-commerce industry.
Damai has remained focused on the intellectual property field in the past, present and future, with the corporate vision of becoming a professional century-old intellectual property enterprise. We will respond in real time to industry trends, policy developments and client needs, continually refine our products and services, and provide professional overseas intellectual property services and support to more Chinese enterprises, helping their brands expand overseas and shine on the global stage.
The Damai team upholds the values of “candor, professionalism, and reliability” and remains committed to a customer-first approach. It has built a service resource network covering the entire overseas intellectual property business, spanning upstream and downstream sectors such as manufacturing, online platforms, and logistics, to provide clients with broader and more convenient integrated ecosystem services.

“Board member” of Hunan Cross-border E-commerce Association;
Director Member of the Guangdong Cross-Border E-Commerce Association;
“Board member” of Shenzhen Cross-border E-commerce Association;
2020 Hunan Cross-Border E-Commerce Association Annual Outstanding “Council Member Organization”;
Member of the Chengdu Cross-Border E-commerce Association;
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Won the 'Excellent Cross-border E-commerce Brand Enterprise' award at the 2020 Global Cross-border E-commerce Festival;
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Won the 'Top 10 Cross-border E-commerce Legal and Tax' award from the Guangdong Cross-border Association in 2020;
Winner of the 'Outstanding Cross-border E-commerce Enterprise' award at the 4th Cross-border E-commerce Festival in 2021;
Winner of the 'Outstanding Cross-border E-commerce Product Exclusive Brand' award at the 5th Cross-border E-commerce Festival in 2022;
Winner of the 'Top 10 Popular Service Brands' award from Cross-border E-commerce Seller's Home in 2022;
Winner of the 2022 AMZ123 'Mountain and Sea Award for Best Intellectual Property of the Year'
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Winner of multiple honors, including the 2023 AMZ123 'Mountain and Sea Award for Best Intellectual Property of the Year'