Payment can be resumed after the patent has not been paid. It is required to pay the annual patent fee, and the limitation of protection for invention patents is 20 years, and that for utility model patents and appearance patents is 10 year. After the expiration, there is no need for no protection. Equivalent to this technology has been made public. So there is no need to renew the fee after it expires. If the annual patent fee is not paid within 1 month, you will receive a notice of late payment from China National Intellectual Property Administration. If it is paid in the second month, it will cause a late fee, which is 5% of the annual fee of the current year. If it is paid in the third to sixth month, it will cause 10%, 15%, 20% and 25% of the annual fee respectively.
legal ground
Article 98 of the Detailed Rules for the Implementation of the Patent Law stipulates that the annual fee shall be paid before the expiration of the previous year after the year in which the patent right is granted. 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.