How to remedy the patent failure to pay the annual fee in time?

If the patentee fails to pay the annual fee on time (excluding the annual fee of the year when the patent right was granted) or the amount paid is insufficient, it may pay the annual fee within six months from the date of expiration of the annual fee. If the overdue time exceeds the prescribed time limit but is less than one month, no overdue fine will be paid. If the overdue time exceeds the specified time by more than one month, the corresponding amount of overdue fine calculated according to the following calculation method shall be paid:

(1) If the term exceeds one month (excluding one whole month) to two months (including two whole months), the payment amount shall be 5% of the annual fee.

(2) If the term exceeds two to three months (including three whole months), the payment amount shall be 10% of the annual fee.

(3) If the term exceeds three to four months (including four whole months), the payment amount shall be 15% of the annual fee.

(4) If the term exceeds four to five months (including five whole months), the payment amount shall be 20% of the annual expenses.

(5) If the term exceeds five to six months, the payment amount shall be 25% of the annual expenses.

If the annual fee or late fee is insufficient within the six-month overdue period and needs to be paid again, all the annual fee and late fee shall be supplemented according to the late fee standard within the late fee period when the annual fee or late fee is paid again. For example, the payment period of the annual fee of late fee 5 is May 10 to June 10, and the late fee is 45 yuan, but the payer only pays 25 yuan. When the payer pays the late payment fee on June 15, it shall be paid according to the overdue period standard corresponding to the overdue date. The amount of overdue fine for this period is 90 yuan, which should be returned to 65 yuan.

Where the patent right is terminated due to failure to pay or not paying the annual fee and/or late fee in full, in the recovery procedure, in addition to paying the annual fee, a late fee of 25% of the full annual fee shall be paid or paid.