If it is not paid in time or in full, it shall be repaid within 6 months from the date of the expiration of the annual fee, and the late payment fee shall be paid at the same time (the amount of late payment fee shall be calculated by adding 5% of the annual fee of the current year for each time exceeding the prescribed payment time 1 month). If it is not paid at the expiration of the period, the patent right shall be terminated from the date when the annual fee expires.
Legal basis: Article 43 of the Patent Law of People's Republic of China (PRC) stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.
Article 98 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall, after the year in which the patent right is granted, pay the annual fee before the expiration of the previous year. 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.