If the patent fee has been deferred before the patent is granted, the annual fee may be paid in accordance with the approved deferred proportion for three consecutive years from the year of grant. For example, the authorization date takes effect in the third patent year, and the patentee pays the annual fees for the third, fourth and fifth years according to the approved mitigation ratio, and pays the annual fees in full from the sixth year.
2. The due date of payment is a legal holiday.
Article 6 of the detailed rules for the implementation of China's patent law stipulates that the expiration date of the annual patent fee is a legal holiday, and the first working day after the holiday is the expiration date.
Three. Provisions on the calculation of patent annual fee and late payment fee
The annual fee can be repaid half a year after the patent expires, but there will be a corresponding late fee. If the late fee for the first payment of the annual fee is insufficient within the six-month delay period, the patentee shall make up the annual fee according to the late fee standard of the payment period on the actual payment date. Where the patentee goes through the restoration procedures due to the termination of the patent right, he shall pay a late fee of 25% of the total annual fee of the current year.