If the amount of the annual fee paid for the first time is insufficient, and the patentee pays it again, it shall pay all the annual fee payment fees according to the standard of the annual fee payment within the annual fee payment period where the actual payment date is located.
Calculation of annual fee and late fee when handling the restoration procedure: When the patentee terminates the restoration procedure due to the patent right, it shall pay the annual fee and late fee at the rate of 25% of the annual fee of the current year.
Legal basis: Article 98 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that before the expiration of the previous year, the annual fee for the year after which the patent right is granted shall be paid. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay the annual fee within 6 months from the date of expiration, and pay the late fee at the same time; The amount of the late payment fee is calculated by adding 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date when the annual fee should be paid.