Overdue for 2~6 months: if the annual patent fee is not paid for more than 1 month, the patent administration department will issue a notice of payment, which will carefully list all the fees that the patentee should pay, including annual fee and late fee. If the patent expires for more than one month, according to the relevant regulations, you have to pay a late fee in addition to the annual fee. As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively.
More than 6 months: if the annual patent fee is not paid for more than 6 months, the patent termination notice will be received, but the patentee can still keep his patent right. At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then submit an application for right restoration.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.
Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.