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Maintenance of a patent
A granted patent may be maintained for 20 years from the date on which the application was filed. The time of validity of patents concerning medicinal products and plant protection products can under certain conditions be prolonged by a maximum of five (5) years through a Supplementary Protection Certificate, SPC.
A patent is maintained by paying renewal fees. The first renewal fee is, in fact, paid already in the application phase, at the beginning of the third application year. From there on, the fee shall be paid annually by the end of the first month of a new application year (patent year). The application year is counted starting on the day of filing the application.
If the renewal fee is not paid on its due date, it can still be paid within the following six months with a 20 % raise.
If the renewal fees are not paid, the patent lapses and the invention becomes available for others, provided that it does not enjoy other types of protection, such as a utility model, design right or copyright.