CHAPTER IX: FEES

 

Article 114

(1) A fee, the amount of which shall be stipulated by a Ministerial Decree, must be paid for each filing of patent application, application of substantive examination, Prior User Certificates, extracts from the General Register of Patents and copies of Patent Certificates, copies of patent documents, the recording of patent transfers, registration of Licensing Agreements, the registration of Compulsory Licenses and other matters stipulated in this Act.

(2) Further provisions regarding the requirements, periods and methods of payment of said fees shall be regulated in a Ministerial Decree.

 

Article 115

The first payment of the annual fees must be made no later than one year from the date of the grant of a patent or the recording of a license and payments for subsequent years during the effectiveness of the patent or license must be made at the latest on the same date as the grant of the patent or the recording of the license concerned.

 

Article 116

(1) If within 3 (three) consecutive years a Patent Holder does not pay annual fees as stipulated in Article 19 and Article 115, the patent shall be deemed to have been void commencing from the date constituting the time limit for payment of said third year.

(2) If obligation to make payment of said annual fees is not met in the eighteenth and subsequent years, the patent shall be deemed to have expired on the time limit for the annual fee payment obligation of the year concerned.

(3) The expiry of the duration of a patent for reasons referred to in paragraph (1) shall be recorded in the General Register of Patents and announced in the Official Patent Gazette.

 

Article 117

(1) Except for matters referred to in Article 116 paragraph (3), the payment of annual fees later than the time stipulated in Article 115 shall be subject to an additional fee of 20 (twenty) percent for each year.

(2) The late payment of annual fees referred to in paragraph (1) shall be made known by the Patent Office to the Patent Holder within 7 (seven) days after the stipulated time limit has passed.

(3) Failure to receive the notice referred to in paragraph (2) by the person concerned shall not detract from the applicability of the provisions referred to in paragraph (1).

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