Legal analysis: If the patentee fails to pay the annual fee on time (excluding the annual fee in the year when the patent right was granted) or the amount paid is insufficient, he can pay the annual fee within six months from the date of expiration. If the time to pay the annual fee exceeds the prescribed time limit but is less than one month, the late fee will not be paid. If the overdue payment time exceeds the specified time by more than one month, the corresponding overdue payment amount shall be paid according to the following calculation method: (1) If the overdue payment time exceeds the specified time by one month (excluding one whole month) to two months (including two whole months), the payment amount shall be 5% of the full annual fee. (2) If the term exceeds two to three months (including three whole months), the payment amount shall be 10% of the annual fee. (3) If the term exceeds three to four months (including four whole months), the payment amount shall be 15% of the annual fee. (4) If the term exceeds four to five months (including five whole months), the payment amount shall be 20% of the annual expenses. (5) If the term exceeds five to six months, the payment amount shall be 25% of the annual expenses.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.