Can I make up the patent without paying the annual fee?

The unpaid annual patent fee can be paid under certain conditions. Specifically, according to 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. If the annual fee is not paid on time or in full, the patent administration department of the State Council will notify the patentee to pay the annual fee within 6 months from the date when the annual fee should be paid, and at the same time pay the late fee. The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for each month exceeding the prescribed payment time. If the annual fee and late fee are paid within six months, the patent right can be maintained.

However, if the patentee fails to pay the annual fee after six months from the date when the patent administrative department of the State Council issued the notice of payment, the patent right will be terminated due to the failure to pay the annual fee, and the patent right cannot be restored at this time.

Therefore, whether the annual patent fee has not been paid, as well as the time limit and conditions for payment, need to be determined with reference to the specific legal provisions and the notice of the patent administrative department of the State Council. It is suggested that after receiving the relevant notice, the payment should be made as soon as possible to avoid the termination of the patent right due to the failure to pay the annual fee.