The details are as follows: Time period of annual fee late fee The time period of annual fee late fee is calculated according to the following principles (full annual fee x percentage of each corresponding time period): 0% time period: from the payment due date specified in the patent certificate to the first month (including the last day) after the expiration, no late fee is paid.
5% time period: from the payment deadline stipulated in the patent certificate to the first day of the second month after the expiration, to the first month of the second month (including the last day).
10% time period: from the expiration date of the payment period specified in the patent certificate to the first day of the third month after the expiration, to 1 month of the third month (including the last day).
15% time period: from the expiration date of the payment period specified in the patent certificate to the first day of the fourth month after the expiration, to 1 month of the fourth month (including the last day).
20% time period: from the payment deadline stipulated in the patent certificate to the first day of the fifth month after the expiration, to the first month of the fifth month (including the last day).
25% time period: from the payment deadline stipulated in the patent certificate to the first day of the sixth month after the expiration, to the first month of the sixth month (including the last day).
Payment due date is a legal holiday. According to Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), if the expiration date is a legal holiday, the expiration date shall be the first working day after the holiday. It is stipulated in the calculation of the annual payment amount of overdue fine that if the first overdue fine is insufficient within the overdue period of six months, the patentee shall make up the overdue fine according to the overdue fine standard of the payment period where the actual payment date of overdue fine is located. For example, the payment period of the late fee of 5% of the annual fee is from May 6 to June 5, and the late fee should be 30 yuan, but the payer only paid 25 yuan. When the payer pays the late payment fee on June 7th, it shall be paid according to the standard of late payment period 10% on the actual payment date, and the late payment fee is 60 yuan. When the patentee goes through the restoration procedures due to the termination of the patent right, he shall pay a late fee of 25% of the full annual fee of the current year.