Maintaining Invention

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A patent for an invention and utility model must be regularly and timely supported by the required amount of patent fees. The patent is supported annually. 

The validity of a patent may be terminated early if the fee for maintaining the validity of the patent is not paid in time. 

At the request of the patent holder or his assignee, the patent can be restored. 

The restoration is made in the event that the corresponding patent fee has been paid, as well as if such payment is made within the period of validity established by the legislation of the country. 

In most countries, the deadline for the delay is three years from the date the due date expires, but before the patent expires. 

The term of a patent for an invention is 20 years from the date of application. The validity period can be extended, but not more than 5 years. The period of validity of a patent for a utility model is 10 years from the date of application. 

After the termination of the exclusive right, the invention or industrial design goes into the public domain and can be freely used by any person without anyone's consent or permission and without payment of remuneration for use.

What will happen to a patent for an invention or utility model if it is not supported on time?

If the patent fee is not paid on time or the time period allotted for its payment is missed, the patent for an invention or utility model ceases to be valid, as well as all the rights that it gives to its owner.


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