Renewal fees

Renewal fees are periodic payments required to keep an intellectual property right, such as a patent, a trade mark or an industrial design, in force beyond its initial period of protection. These fees extend the validity of the granted right and prevent it from lapsing.

• Patents
  • Term of protection: patents are generally protected for 20 years from the filing date, subject to payment of the renewal fees.
  • Fees: the fees must be paid annually or every two or three years, depending on the jurisdiction. The amounts may vary according to the country and the remaining period of protection.
  • Importance: non-payment of the renewal fees may cause the patent to expire or lose validity before the end of the maximum period of protection.
• Trade marks
  • Term of protection: trade marks may be renewed indefinitely, generally every 10 years.
  • Fees: the fees must be paid every 10 years to keep the registration in force. They may vary according to the number of classes of goods or services covered.
  • Importance: non-payment of the renewal fees may entail the loss of rights over the trade mark, allowing other parties to register similar or identical marks.
• Industrial designs
  • Term of protection: designs are generally protected for 5 years, renewable for successive periods up to a maximum of 25 years.
  • Fees: the fees must be paid at regular intervals, for example every 5 years, to keep the protection in force.
  • Importance: non-payment of the renewal fees may entail the loss of protection, allowing others to copy or use the design.

• Renewal process
  • Notification: intellectual property offices generally send notifications before the renewal deadline to remind the holder to pay the fees.
  • Payment: the holder must pay the fees according to the instructions of the office. Accepted methods may include bank transfers, credit cards or online payments.
  • Confirmation: after payment, the office records the renewal and confirms the extension of the protection. A certificate or renewal notice may be issued to confirm that the right remains in force.
• Penalties and consequences
  • Grace period: in some jurisdictions, a grace period is granted after the renewal deadline during which the fees may still be paid with a surcharge.
  • Expiry: failure to pay the renewal fees before the end of the grace period may entail the expiry of the intellectual property right, with the loss of the protection and associated rights.

In short, renewal fees are essential to maintain the legal protection of patents, trade marks and industrial designs. Regular and timely payment ensures the continuity of intellectual property rights and avoids the complications of premature expiry.

Renewal fees: key points

Renewal fees condition the maintenance of the patent in force. Failure to pay them entails the lapse of the title, save re-establishment under the conditions provided by law. In practice, verifying the renewal fees is the first step of any portfolio audit and of any infringement action. See our entry annuity, our page patent litigation attorney and the information of the INPI.

Renewal fees are the broader category discussed here. An annuity specifically denotes an annual patent maintenance payment.