What are the consequences of not paying the annual fee for patent application?

The consequence of not paying the annual fee is that the patent right will be terminated before the expiration of the time limit. According to the relevant laws and regulations, if the annual fee is not paid as required, the patent right will be terminated before the expiration of the time limit. And shall be registered and announced by the patent administration department of the State Council.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC)

The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.

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.