At last with the new patent law there is clarity on the
annuities issue. See here for the previous problem. A new Patent Office Circular
covers annuities under the new Patent law enacted in August 2016. There are
three situations:
Firstly the old law applies to patents filed before the new Patent Law came into force on 26th August 2016. There is no clarity in whether the government will continue to demand payments as they did in the past, but presumably not.
Firstly the old law applies to patents filed before the new Patent Law came into force on 26th August 2016. There is no clarity in whether the government will continue to demand payments as they did in the past, but presumably not.
Article 126 of the New Law applies to patent annuities due
after that date.
There is a transition period for annuities due from 26
August 2016 until 30 December 2016. Patentees may pay these in 2016 along with 2017 annuities. Failure to pay these under Article
134(1) will lead to the patent being deemed abandoned.
Patent holders will need to pay specific attention to annuities due since August.
Patent holders will need to pay specific attention to annuities due since August.
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