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Renewal Generation

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Jean J. de Jong edited this page Jan 24, 2023 · 6 revisions

The Rules Table

Renewals can be generated through the task_rules table, like any other task. The task_rules table comes preconfigured with patent renewal generation for France and EP (every renewal is generated with an individual rule entry). Exceptions where patent renewals are not annual, i.e. US, Chile and Israel, are also configured in task_rules.

The Country Table

The country table is used for generating patent renewals for each other country recursively based on two renewal task entries in task_rules that have recurring = 1, no country, and years = 19 (do not delete!). The country table has a set of columns for configuring the renewal generation per country:

  • renewal_first: the offset in years for paying the first renewal. When positive, the number is counted from renewal_base; when negative, the number is counted from renewal_start
  • renewal_base: the event establishing the anniversary (Filed or Granted)
  • renewal_start: the event triggering the renewal payments (Filed or Granted)
  • checked_on: date at which the parameters were last checked against the national law (NULL when the parameters are at default values of (2, 'FIL', 'FIL') which apply to many countries).

The country table comes with a set of parameters for most countries inserted by the migration script "2020_02_24_192100_implement_generic_renewals".

There are a few countries that stand out, especially Hong Kong, where annuities have the filing date as the anniversary but start 3 years after the grant - this is the only country for the moment where renewal_first is negative (-4). Otherwise default parameters apply (i.e. renewals are generated from the filing date).

The countries where the grant is the start event and the filing is the anniversary have varying deadlines for paying the renewals due in the past. By default, all past renewals are generated with the grant date as the due date and it will be up to the user to manage them.

Later Docketed Patents

For patents created at a later time, such as a transferred patent portfolio, past renewals are generated up to 6 months back from the date of docketing, to cover the grace period. Older annuities are not generated.

Bear in mind that, for patents that are managed from the start, the system relies on the relevant events being entered prior to the expected deadlines.

EP Validations

The above rule is also applied when creating an EP validation, where it will be necessary to manage where the next renewal is to be paid (at the EPO or in the country of validation).

PCT National Phases

Past renewals are generated up to 19 months back, covering the case of direct PCT filings that are nationalized at 31 months and where the first renewal to pay in the country of nationalization is for the second year.

Divisional Applications

For renewals due in a divisional application, all past renewals are generated with a deadline 4 months from the divisional filing date (this is actually the rule used in EP and to be checked for other countries). Note that the filing date of a divisional application is entered as the filing date of the parent for correct calculations - phpIP will create an "Entered" event to track the actual filing date of the divisional.

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