The payment period of patent annual fee is: the annual fee after that year shall be paid before the expiration of the previous year. If the obligor fails to pay or fails to pay in full, it shall notify the patentee to pay the annual fee within 6 months from the due date, and at the same time pay the late fee. If it is more than one month, it will be calculated according to the full annual fee of the current year plus 5%. If it is not paid within six months, the patent shall be terminated.
Legal objectivity:
Article 44 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances: (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.