Once a patent is granted, the patent holder must remain proactive in maintaining the validity of the patent and maximizing its commercial value. The following are essential aspects that patent holders should focus on:

1. Timely Payment of Annual Fees

After a patent is granted, the applicant must complete the registration process, which includes paying the patent registration fee and the annual fee for the grant year.

To maintain patent validity, an annual fee must be paid each year before the due date. The fee should be prepaid within one month before the end of the previous year. If the fee is not paid on time or if the payment is insufficient, the patent holder has a six-month grace period to pay the outstanding amount along with a late fee. Failure to do so will result in patent rights termination.

2. Patent Licensing and Transfer

After a patent is granted, the patent holder may license or transfer the patent to monetize its intellectual property rights.

· Patent Licensing: The patent holder may grant manufacturing, usage, or sales licenses through a patent license agreement, allowing licensees to utilize the patented technology in exchange for royalties.

· Patent Transfer: The patent holder may assign the patent rights to another party through a patent assignment agreement, where ownership is fully transferred in return for a negotiated fee. The assignee becomes the new legal patent owner.

Both licensing and transfer agreements should be reviewed by intellectual property attorneys or professional patent agencies to clarify rights, scope, and duration, thereby avoiding potential legal disputes.

3. Modifications to Patent Certificate Information

If any changes occur after the patent is granted—such as changes to the patent holder’s name, address, or ownership structure—the patent holder must promptly submit a request for modification through a patent agency.

Modifiable information includes:

· Patent application number

· Application date

· Invention title

· Patent classification

· Priority claims

· Applicant or patent holder details

· Inventor’s name

· Patent agency details

· Contact information

· Legal representative

4. Retention of Original Patent Documents

It is crucial to securely store all patent-related documents, including:

· Patent application records

· Official receipts

· Licensing or assignment agreements

Patent agencies offer document management and backup services, ensuring data security and integrity.

5. Market Monitoring

To safeguard patent rights, patent holders must actively monitor the market for potential infringement activities. Effective monitoring methods include:

· Industry intelligence gathering

· Competitor analysis

· Customer feedback

If an infringement is detected, the patent holder must take immediate action to protect their rights.

6. Legal Enforcement Against Infringement

If infringement occurs, the patent holder should take legal action against the infringing party, including:

· Issuing a cease-and-desist letter

· Requesting the cessation of the infringement

· Seeking compensation for damages

If necessary, the patent holder may file a lawsuit in a competent court to enforce their rights and claim remedies.

7. Patent Reexamination and Invalidity Challenges

The validity of a granted patent may be challenged in certain circumstances. Patent holders should be aware of:

· Reexamination Requests: If the patent’s validity is questioned, the patent holder may request a reexamination before the patent office to reaffirm its validity.

· Invalidity Challenges: Competitors may file a patent invalidation request. The patent holder must be prepared to present strong supporting evidence to defend the patent’s validity.

8. Patent Portfolio Management

Patent protection extends beyond a single patent. Patent holders should strategically manage their entire portfolio to maximize competitive advantage.

In an evolving technological and competitive landscape, well-structured patent portfolio planning ensures long-term intellectual property protection and enhanced market positioning.

9. Legal Risk Management

Failing to pay annual fees on time results in patent expiration, leaving the invention unprotected. Additionally, the patent holder should:

· Regularly monitor legal status to prevent invalidation challenges

· Establish a dedicated intellectual property team to handle patent renewals and legal compliance

By implementing a systematic legal risk management strategy, businesses can protect and maintain their patent assets effectively.

10. Patent Portfolio Optimization

Companies should regularly evaluate the technical and commercial value of their patent portfolio and:

· Identify high-value patents for continued maintenance

· Determine which patents can be abandoned, licensed, or sold

A well-structured patent maintenance strategy ensures optimal resource allocation and maximized return on investment.

By following these best practices, patent holders can effectively protect, maintain, and commercialize their patents, ensuring long-term validity and market competitiveness.