What is the payment period of patent late fees?

(1) If the patentee fails to pay the annual fee on time or the amount paid is insufficient after the year of granting the patent right, the patentee shall pay it within six months from the date of expiration of the annual fee at the latest, and at the same time pay the late fee. If the payment time exceeds the prescribed payment time for less than one month, no late payment fee will be charged; If the payment time exceeds one month, 5% of the full annual fee of the current year will be charged as a late fee. For example, if the payment time exceeds the prescribed payment time for two months, the amount of the late payment fee is the standard value of the annual fee multiplied by 10% (Article 98 of the Detailed Rules for the Implementation of the Patent Law).

(2) If the amount of the annual fee paid for the first time is insufficient and the patentee pays it again, it shall pay all the annual fees in accordance with the standard of supplementary payment within the supplementary payment period where the actual payment date is located. For example, the payment period of the late fee of 5% of the annual fee is from May 5 to June 5, and the late fee is 45 yuan, but the payer only pays 25 yuan. When the payer pays the late payment fee on June 7th, it shall pay according to the standard of 10% of the overdue part corresponding to the actual payment date. The late payment fee for this period is 90 yuan, so the payer should also pay the late payment fee of 65 yuan.

(3) Calculation of annual fee and late fee when handling the restoration procedure: When the patentee terminates the restoration procedure due to the patent right, it shall pay the annual fee and late fee at 25% of the annual fee of the current year.