What is the consequence of failure to pay annual fees, and is there any grace period?
Non?payment of annual fees leads to loss of rights, though a grace period exists. Section 55.2, Intellectual Property Code of the Philippines, states that if the annual fee is not paid, the application is deemed withdrawn or the patent considered lapsed from the day after the expiration of the payment period, with the lapse published and recorded. Section 55.3 grants a six?month grace period for payment upon payment of a surcharge for delayed payment. This gives patentees a limited opportunity to cure inadvertent non?payment while ultimately ensuring inactive rights are cleared from the register. 21-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
