Legal analysis: 1, 1 month overdue: if the patentee fails to pay the annual fee or fails to pay it in full, there is a delay period of 1 month. During the extension period, the annual fee will be paid in time, and there is no need to pay extra late fees. 2. Overdue for 2~6 months: If the annual patent fee is not paid for more than 1 month, a notice of payment will be received from the patent administration department, which will carefully list all the fees that the patentee should pay, including the annual fee and late fee. As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively. 3. More than 6 months: if the annual patent fee is not paid for more than 6 months, the patent right will be terminated, but the patentee can still keep his patent right. At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then submit an application for right restoration. 4. Ignore it within the time limit and completely lose the patent right.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.
Article 45 From the date when the patent administration department in the State Council announced the grant of the patent right, if any unit or individual thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law, it may request the patent administration department in the State Council to declare the patent right invalid.