Annual fee (patent law)
Annual fees in the German and European patent law (English "annuity", "renewal fee" or "maintenance fee", French "taxe anual") are annually maturing fees for a patent or a patent application shall be paid. Almost all patent systems in the world provide such or similar fees for all underlying patents and patent applications. Types of property rights other than patents (e.g. utility models , designs , trademarks ) are also subject to similar fee obligations (referred to below as renewal fee (s) ).
overview
In the German and European patent system, an annual fee is due annually by law for each patent application and each patent, which must be paid in good time to the responsible patent office. With their payment, the owner of the patent or the application prevents the relevant right from expiring.
If an annual fee is not paid in full on time, the associated right will sooner or later be lost by law, i.e. without a specific resolution at the competent office. Almost all systems provide for a staggered system of grace periods, surcharge fees and other rescue mechanisms for the payment of annual fees after an initial payment period, before a right is finally lost because of non-payment.
Renewal fees for other types of property rights or in other countries are often not due annually, but less often, for example every three, five or ten years.
sense
The collection of annual fees has a financing and regulatory character.
The annual fees are to be paid to the respective patent offices and thus contribute to their financing.
Patents are prohibitive rights against everyone. There is therefore an interest in continuously linking the existence of such rights to considerations of usefulness even after their substantive examination and, if applicable, granting, instead of allowing them to be applied for a long time or granted. The existence of a purely speculative legal position is undesirable and should be suppressed if possible. When the annual fee is due, which increases from year to year, the owner of a patent or an application has to weigh up again and again whether the patent or application is important enough for him to pay the fee. If he does not pay the annual fee, the legal position is lost and then no longer exists as a (potential) right to prohibit others.
Similar considerations apply to renewal fees for other types of property rights.
Legal basis
German patent law
The German Patent Act regulates the essential aspects of annual fees for German patents and their registrations in its Sections 17 and 20 and in the Patent Costs Act.
European Patent Convention
The European Patent Convention (" EPC ") regulates the essential aspects of renewal fees in its Article 86 for European patent applications, subordinate to that in Rule 51 and in the Schedule of Fees and in Article 39 on patents that have emerged from European patent applications. The specific amount of the fees is determined by resolution of the Board of Directors.
Community patent
For community patents there are rules on renewal fees in EU regulation 1257/2012 in Articles 11 and 12, in the implementing regulation for EU patents and in the fee schedule for EU patents.
Annual fee details
German patent law
Annual fees for German patents and their applications are to be paid from the third year after the application at the end of the application month. Your amount increases from 70 € for the third year to max. 1940 € for the 20th year of the maximum possible lifetime of a patent (as of December 2018).
Insofar as the DPMA collects annual fees for national patents resulting from European applications, it has to reimburse 50% of these to the European Patent Office (Art. 39 EPC in conjunction with the decision of the Administrative Council).
EPC
Annual fees for European patent applications are payable from the third year after filing at the end of the filing month. The amount increases from (as of December 2018) € 570 for the third year to max. 1575 € for the 10th and all subsequent years.
Since there is no European patent in the narrow sense of the word under the European Patent Convention (EPC), but rather a bundle of identical national patents (e.g. for Germany, France, Finland) generated in the EPC procedure, there is also no renewal fee for one "European patent". Rather, annual fees for the respective national patents resulting from the European application have to be paid to the national patent offices. However, they must reimburse the European Patent Office for a portion of the fees collected in this way, currently 50% (Art. 39 EPC in conjunction with the decision of the Administrative Council).
Community patent
For a patent under the Community Patent Convention, annual fees must be paid to the European Patent Office in accordance with the tariff applicable to Community patents. The fees are (as of December 2018) € 35 for the second year and € 4,855 for the 20th year. Annual fees for European patent applications prior to the Community patent are to be paid according to the tariff applicable to them (see above).
Other countries
France : Renewal fees for French patents and their applications are payable at the end of the month of filing from the second year after filing. Your amount increases from 38 € for the second year to max. 790 € for the 20th year of the maximum possible life of a patent (as of December 2018). The French Patent Office also has to reimburse the European Patent Office 50% of the annual fees collected for French shares in a European patent.
United Kingdom : Annual fees for British patents and their applications are payable at the end of the month of filing from the fifth year after filing. Your amount increases from 70 GBP for the fifth year to max. £ 600 for the 20th year of the maximum possible life of a patent as of December 2018. The UK Patent Office also has to reimburse the European Patent Office 50% of the annual fees collected for UK parts of a European patent.
USA : Renewal fees for a US patent are payable in the second half of the fourth, seventh and eleventh year after grant. They are $ 1,600, $ 3,600, and $ 7,400, respectively, as of December 2018.
Japan : Renewal fees for Japanese patents and applications are payable from the first year. Your amount consists of a basic fee and a portion that depends on the number of patent claims. At least 2300 yen in the first year and 69,400 yen in the last year (as of December 2018).
China : Renewal fees for Chinese patents and registrations are payable from the first year. Your amount is 900 RMB in the first year and 6000 RMB in the last year (as of December 2018).
Renewal fees for other types of property rights
Utility model : For a German utility model, renewal fees have to be paid at the end of the third, sixth and eighth year.
Brands : Renewal fees have to be paid every ten years for a German brand.
Design (formerly 'registered design'): Renewal fees have to be paid every five years for a German design
