Legal analysis: If the patentee fails to pay the annual fee on time (excluding the annual fee for the year when the patent right is granted) or the amount paid is insufficient, he may make up the payment within six months from the expiration date of the annual fee. If the time for back payment exceeds the prescribed period but is less than one month, no late payment fee will be charged. If the back payment exceeds the stipulated time by one month or more, the corresponding amount of late payment fee calculated according to the following calculation method shall be paid:
(1) One month (excluding a whole month) exceeding the stipulated period to two month (including two whole months), the payment amount is 5% of the full annual fee.
(2) If the period exceeds the prescribed period by two to three months (including three full months), the payment amount shall be 10% of the full annual fee.
(3) If the period exceeds the prescribed period by three to four months (including four full months), the payment amount shall be 15% of the full annual fee.
(4) If the period exceeds the prescribed period by four to five months (including five full months), the payment amount shall be 20% of the full annual fee.
(5) If the period exceeds the prescribed period by five to six months, the payment amount shall be 25% of the full annual fee.
Legal basis: "Patent Law of the People's Republic of China"
Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term:
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(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee has given up its patent rights in a written statement. If the patent right is terminated before the expiration of the term, 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 of the State Council announces the grant of patent rights, any unit or individual that believes that the grant of patent rights does not comply with the relevant provisions of this Law may request the Patent Administration Department of the State Council to declare The patent right is invalid.