What are the consequences of not paying the annual patent fee?

The consequence of not paying the annual patent fee is that the patent right will be terminated before the expiration of the time limit. According to the Patent Law of People's Republic of China (PRC), the patentee has the obligation to pay the annual fee from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations and is not paid within the statutory time limit, the patent right will be lost.

legal ground

Article 43 of the Patent Law of People's Republic of China (PRC)

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:

(a) failing to pay the annual fee in accordance with the provisions;

(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.