Annuities, Renewals and Maintenance

When a patent is granted, it remains in force only so long as annuity fees are paid. These become due in respect of the fifth and subsequent years from the application date and increase annually.

We offer the maintenance of annuities or renewals and we can communicate directly with the owner, inventor or with the attorney of an IP right.

The obligation to pay the maintenance fees shall arise by the announcement of the grant of the European patent in the European Patent Bulletin. The maintenance fees shall be paid to the Office and shall be payable in advance on the anniversary of the date of filing the application. If there is a period shorter than 2 months between the announcement of the grant of the European patent and the date corresponding to the date of filing the application, the proprietor of the European patent shall be obliged to pay the first maintenance fee within 2 months from the date of announcement. If the maintenance fee is not paid within the prescribed time limit, it can still be validly paid within an additional period of 6 months in the double amount.

The rights of third persons, which after the expiry of the period for payment of the maintenance fee without such fee being paid, in good faith have begun to make a use of the subject-matter of the invention or have realised serious and effective preparations to such use, are not affected by the additional payment of the maintenance fee.

Maintenance fees for a patent shall be paid for individual years of duration of a patent, starting from the day of filing of an invention application. The first maintenance fee for a patent shall be assessed by the Office in amount corresponding to rates of maintenance fees for a patent for the period from the day of filing of an invention application until maturity of the assessed maintenance fee for a patent. This fee shall be payable no later than 3 months from coming into force of a decision about the grant of a patent. Maintenance fees for a patent relating to following years shall be payable, without assessment, no later than on the day, in which the previous annual period expires.

The payer of maintenance fees for a patent shall be the patent holder. The payer of maintenance fees for a European patent shall be the holder of the European patent with effects for the Czech Republic (“European patent”).  The payer of maintenance fees for supplementary certificates shall be the holder of the supplementary protection certificate for medicaments and for plant protection products (“supplementary certificate”).

Maintenance fees for a European patent shall be paid for individual years of duration of a European patent, starting from the day of filing of a European patent application with effects for the Czech Republic. The first maintenance fee for a European patent shall be paid without assessment only for years, which follow after the annual period, in which the grant of the European patent was published in the European Patent Bulletin. If the first maintenance fee for a European patent becomes due for payment within 2 months from the day of publication of the grant of the European patent in the European Patent Bulletin, such fee shall be duly paid if it is paid within 2 months from the day of such publication. Maintenance fees for a European patent relating to following years shall be payable without assessment no later than the day, in which the previous annual period expires. Maintenance fees for supplementary certificates shall be paid for individual years of duration of validity of a supplementary certificate, starting from the day of filing of an invention application or filing of a European patent application with effects for the Czech Republic, which follow the last annual period of validity of a patent or validity of a European patent. The first maintenance fee for a supplementary certificate shall be payable before expiration of the last annual period of validity of a patent or a European patent or within 2 months from the day of coming into force of a decision about the grant of a supplementary protection certificate, whichever expires later. Maintenance fees for a supplementary certificate relating to the following year shall be payable without assessment no later than the day, in which the previous annual period expires.

In case of every payment of maintenance fees for a patent, maintenance fees for a European patent or maintenance fees for a supplementary certificate (“maintenance fees”), the payer shall be obliged to state the patent, the European patent or the supplementary certificate to which the maintenance fee payment relates. If it is impossible to determine the purpose of payment clearly, the Office shall invite the payer to communicate such purpose in writing within the stipulated period of time. If the payer fails to satisfy such invitation, the payment shall be deemed not made and the Office shall return it.

Unless the due maintenance fee is paid in the required amount, the Office shall invite the payer to pay the remaining amount within 15 days from delivery of the invitation. After the lapse of time without any actions taken, the maintenance fee shall be deemed unpaid. The Office shall return the incomplete amount to the payer within 30 days from the day of such lapse of time. Provisions of national regulations shall not be hereby affected.

The maintenance fee can be duly paid no earlier than one year before its due date. The Office shall recognise the maintenance fee, which was paid prematurely in the required amount, as duly paid only on the basis of a written request of the payer provided that it is paid in amount stipulated by national regulations.

Unless the maintenance fee is paid within the required period of time or if it is deemed not paid, the payer can pay it additionally within 6 months from the due date. In this case the payer shall be obliged to pay, together with the due maintenance fee, also penalty in amount equal to the due maintenance fee.

Unless otherwise stipulated by national regulations, it shall not be possible with regard to a maintenance fee

• -to waive the lapsed time for its payment,
• -to permit postponement of its payment, or
• -to permit its payment in instalments.