If the patentee fails to pay the annual fee and late fee in full as required, the patent right shall be terminated as of the expiration of the previous year.
If the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year of granting the patent right, the patent administration department of the State Council shall notify the patentee to pay it within 6 months from the date of expiration of the annual fee, and at the same time pay the late fee.
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.
According to China's patent law and its detailed rules and examination guidelines, failure to pay the annual fee on time is regarded as abandonment and termination of the patent right. Under normal circumstances, if you put forward a request to restore the patent right within two months after receiving the notice of patent termination and explain the reasons, you can restore the patent right. It is generally difficult to restore the patent right beyond this time limit.
Extended data:
Patent restoration
(1) If the party concerned delays the deadline due to irresistible reasons, resulting in the loss of rights, it may, within 2 months from the date when the obstacle is removed, at the latest within 2 years from the date when the deadline expires, explain the reasons to the Patent Office and attach relevant supporting documents to request the restoration of rights;
(2) If the party concerned delays the deadline for justifiable reasons, resulting in the loss of rights, he may explain the reasons to the Patent Office within 2 months from the date of receiving the notice from the Patent Office and request the restoration of rights;
(3) Those who fail to pay the maintenance fee or annual fee on schedule can only request the Patent Office to restore their rights on irresistible grounds.
To go through the formalities of reinstatement, an application for reinstatement and relevant certificates shall be submitted. And the restoration fee.
References:
People's Republic of China (PRC) Patent Law-People's Congress Network