PART
11 TERM
OF PATENT
Rule 1100.
Term of patent. The term shall be twenty (20) years from the
filing date of the application [Sec. 54, IP Code].
However, a patent shall cease to be in force and effect if any
prescribed
annual fees therefor is not paid within the prescribed time or if the
patent
is cancelled in accordance with the provisions of the IP Code and these
Regulations.
Rule
1101.
Annual fees. The first annual fee on a patent shall
be due
and payable on the expiration of four (4) years from the date the
application
is published, and on each subsequent anniversary of such date.
Payment
may be made within three (3) months before the due date. The
obligation
to pay the annual fees shall terminate should the application be
withdrawn,
refused, or cancelled. [Sec. 55, IP
Code]
Rule 1102.
Date application is published. The application is published
on
the date that the IPO Gazette containing the applications is released
for
circulation. For example, if the IPO Gazette containing the
application
is released for circulation on January 15, 1999, then the first annual
fee shall be due and payable on January 15, 2003.
Rule
1103. Non-payment of annual fees. If any annual fee is not paid
within
the prescribed time, the application shall be deemed withdrawn or the
patent
considered as lapsed from the day following the expiration of the
period
within which the annual fees were due. A notice that the
application
is deemed withdrawn or the lapse of a patent for non-payment of any
annual
fee shall be published in the IPO Gazette and the lapse shall be
recorded
in the appropriate register of the Office.
[Sec.
55.2, IP Code]
Rule
1104.
Grace period. A grace period of six (6) months from
the due
date shall be granted for the payment of the annual fee, upon payment
of
the prescribed surcharge for delayed payment. [Sec.
55.3, IP Code]
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