Legal analysis: the term of validity of utility model patent also includes the term of payment. If the annual fee is overdue or less than 65,438+0 months, if the annual fee is paid in time within the extension period, there is no need to pay additional late fees. If the annual patent fee is not paid for more than 6 months, the patent termination notice will be received, but the patentee can still keep his patent right at this time. The patentee can submit the right of restoration by paying the annual patent fee, the late payment fee of 25% and the patent restoration fee of 1000 yuan on time within 2 months after receiving the notice. If the patent restoration procedures are not handled within 2 months and the relevant fees are paid, the patent right will be completely terminated and cannot be restored, and it can be used by the whole people.
Legal basis: Article 98 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that before the expiration of the previous year, the annual fee for the year after which the patent right is granted shall be paid. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay the annual fee within 6 months from the date of expiration, and pay the late fee at the same time; The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date when the annual fee should be paid.