CHAPTER XI
FEES
Article 113
- All fees that have to be paid under this Law shall be stipulated by a Government Regulation
- Further provisions regarding the requirements, periods and methods of payment of fees as referred to in paragraph (1) shall be regulated by a Presidential Decree
- The Directorate General with the approval from the Minister and the Minister of Finance may use the income deriving from the fees as referred to in paragraph (1), based on the prevailing rules and regulations.
Article 114
- The payment of the first annual fee shall be made at the latest one year from the date of grant of patent
- The payment of next annual fees, provided that the patent is still valid, shall be made at the latest on the same date with the date of grant of patent or the date of the recording of the relevant license
- The payment of annual fee as referred to in paragraph (1) shall be counted from the first year of the application.
Article 115
- If within 3 (three) consecutive years a patent holder has not paid the annual fees as stipulated in Article 18 and Article 114, the relevant patent shall be deemed void commencing from the date constituting the time limit for the payment for the third year
- If the failure to meet the obligation regarding the payment of annual fees concerns with the payment of annual fees for the eighteenth and subsequent years, the relevant patent shall be deemed void on the time limit for the payment of annual fee for the relevant year
- The revocation of a patent on the grounds as referred to in paragraph (1) shall be recorded and announced.
Article 116
- Except for matters as referred to in Article 114 paragraph (3) and Article 115 paragraph (2), the payment of annual fees later than the time stipulated in this Law shall be subject to an additional fee of 2.5/o (two and a half percents) for each month from the annual fee of relevant year
- The late payment of annual fees as referred to in paragraph (1) shall be notified in writing by the Directorate General to the patent holder within 7 (seven) days after the stipulated time limit has passed
- The failure to receive the notification as referred to in paragraph (2) by the person concerned shall not detract from the applicability of the provisions as referred to in paragraph (1).
Article 117
- If a patent is granted to a person other than the person entitled to relevant patent based on Article 10, Article II, and Article 12, the person so entitled to the patent may bring a lawsuit to the Commercial Court
- The rights that pertain to a patent as referred to paragraph (1) may be claimed and shall be effective retroactively from the filing date
- The notification of the decision on a lawsuit as referred to in paragraph (1) shall be forwarded to the relevant parties by the Commercial Court at the latest 14 (fourteen) days as of the date on which the decision is made
- The Directorate General shall record and announce the decision as referred in paragraph (3).
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