Can the patent right be restored if the annual patent fee is not refunded?

If the annual patent fee is not returned, the patent right can be restored. But you can only apply for patent restoration if there are justified reasons (for example, an epidemic). And request China National Intellectual Property Administration to restore this right within 2 months from the date when the obstacle is removed, and at the latest within 2 years from the date when the time limit expires.

legal ground

Article 1 of the Announcement on Terms Related to the Patent, Trademark and Layout Design of Integrated Circuits Affected by the Epidemic.

Where the party concerned delays the time limit stipulated in the Patent Law and its implementing rules or the time limit specified by China National Intellectual Property Administration due to epidemic situation and other reasons, resulting in the loss of his rights, the provisions of paragraph 1 of Article 6 of the implementing rules of the Patent Law shall apply. The parties concerned may request the restoration of their rights within 2 months from the date when the obstacles are removed, or at the latest within 2 years from the date when the time limit expires. If you request to restore your rights, you don't need to pay the request fee for restoring your rights, but you need to submit the request for restoring your rights, explain the reasons, attach the corresponding supporting materials, and go through the corresponding procedures that should be handled before you lose your rights.