If the annual patent fee is not paid or the annual patent fee or late payment fee is not paid in full, the examiner shall issue a notice of patent termination two months after the expiration of the annual patent fee. If the patentee fails to start the recovery procedure or the request for recovery of the right is not approved, the Patent Office shall declare it invalid within four months after the termination notice is issued, and make an announcement in the patent bulletin. The patent right terminates at the expiration of the annual fee. Relevant provisions of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC): 1. Article 98 The annual fee 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 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. ?
2. Ninety-ninth claim fees for restoration of rights shall be paid within the corresponding time limit stipulated in these Rules; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request. ?
The request fee for extending the time limit shall be paid before the expiration of the corresponding time limit; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request. ?
Description item change fee, patent evaluation report request fee and invalidation request fee shall be paid within 1 month from the date of filing the request; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request. ?
3. Article 100 Where the applicant or patentee has difficulty in paying the fees specified in these Rules, he may request the patent administration department of the State Council to reduce or postpone the payment in accordance with the regulations. Measures for reducing or postponing payment shall be formulated by the finance department of the State Council in conjunction with the price management department of the State Council and the patent administration department of the State Council.