Legal analysis: If the patent annual fee is not paid on time, the patent will be deemed to have been abandoned and the patent right will be terminated. Under normal circumstances, if a patent right restoration request is submitted and the reasons are stated within two months after receiving the notice of patent termination, the patent right may be restored. It is generally difficult to restore the patent right beyond this period.
Legal basis: "Detailed Implementation Rules for the Patent Law of the People's Republic of China" Article 6 If the party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to force majeure reasons , resulting in the loss of its rights, within 2 months from the date when the obstacles are eliminated, and at the latest within 2 years from the date of expiration, the patent administration department of the State Council may request to restore the rights. Except for the circumstances specified in the preceding paragraph, if a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to other legitimate reasons, resulting in the loss of its rights, the party may file a claim as of the date of receipt of the notice from the Patent Administration Department of the State Council. Request to the Patent Administration Department of the State Council to restore rights within 2 months. If a party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and complete the corresponding procedures that should be completed before the loss of rights; in accordance with paragraph 2 of this article If you request restoration of rights according to the provisions of this paragraph, you must also pay a request fee for restoration of rights. If a party requests an extension of the time limit specified by the patent administration department of the State Council, it shall explain the reasons to the patent administration department of the State Council and go through relevant procedures before the expiration of the time limit. The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limits specified in Articles 24, 29, 42 and 68 of the Patent Law.