There are many inventors who do not afford the patent fees and have lost their proper rights.
The laws are made by the government, but the government is for the people.
In order to prevent the rights of the inventors, laws should give a step back.
There is a suggestion made as follows:
None of the patent applications published should be terminated within the period of its life, that is, 10 or 20 years from the filing date.
1. After an application is published, if the fees for the government are not paid on time, the published appication should not be protected until the fees are paid. But the days before are not protected.
That is, If anyone utilizes the application during the period from the filing day to the day on which the fees are paid, he shall not have to pay for this period even after the patent is granted.
2. After a patent is granted, if the government fees are not paid on a year period,the patent right shall be cancelled only on that year period.
For example,
1. If a published PCT application does not enter a country on time i.e. 30 or 31 months from the filing date, it should be revoked yet not terminated. The application during the 30 or 31 months shall not be protected.
Say, if the applicant pays the fees on someday in the 4th year from the filing date, then anyone shall be free to utilize the application before the paying day and do not need to pay for this period afterwards.
Thus, the applicants shall determine himself to enter the country on a proper time.
Also, if a published application has entered a country but the fees are not paid on time, it should not be terminated, instead, it should be protected from the paying day on.
2. If a patentee does not pay the fees for the government on the 5th and the 8th year periods, he shall only loose his right on the 5th and the 8th year periods. He will gain his patent right on the year periods which he has paid.
