What will happen if the patent annual fee is not paid on time?

Legal analysis: According to my country's "Patent Law" and its detailed rules, as well as the "Examination Guidelines", 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: "Patent Law of the People's Republic of China"

Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.

Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term:

(1) Failure to pay annual fees in accordance with regulations;

(2) The patentee gives up its patent rights in a written statement.

If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.