Legal analysis: The fee can be paid directly to the Patent Office or remitted through the post office.
All fees paid to the Patent Office should indicate the correct application number, fee name abbreviation and itemized amount. If not specified, it will be deemed that the payment procedures have not been completed. Therefore, be sure to clearly write down the correct application number, fee name abbreviation and itemized amount in the remittance message.
If the annual fee is not paid on time or the payment amount is insufficient, the annual fee can be paid within six months from the expiration date, and a late payment fee will be paid at the same time; the amount of the late payment fee will be 1 for each payment period that exceeds the prescribed payment time. month, an additional 5% of the full annual fee for the current year will be charged; if the late payment exceeds the prescribed period but is less than one month, no late payment fee will be charged. If the backpayment period exceeds the prescribed period by one month, a late payment fee will be increased by 5% of the annual fee, up to a maximum of 25%. If the annual fee is not paid upon expiration, the patent right shall be terminated from the date of expiration of the payment of the annual fee.
Legal basis: "Detailed Implementation Rules for the Patent Law of the People's Republic of China"
Article 97 When going through the registration procedures, the applicant shall pay the patent registration fee, announcement printing Fees and annual fees for the year when the patent right is granted; if it is not paid upon expiration or is not paid in full, it will be deemed that the registration procedures have not been completed.
Article 98 Annual fees after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department under the State Council shall notify the patentee to pay the annual fee within 6 months from the expiration of the due date, and at the same time pay a late payment fee; the amount of the late payment fee shall be calculated based on the amount of the annual fee that exceeds the prescribed amount. The time is 1 month, and 5% of the full annual fee for that year will be charged; if the annual fee is not paid at the end of the period, the patent right will be terminated from the date when the annual fee is due.