What does the patent say about "equal annual fee and late fee"?

"Waiting for the annual fee and late payment fee" means "waiting for the payment of the annual fee and late payment fee", which means that your patent has exceeded the protection period. You must go through the formalities of paying the annual fee immediately and pay the late payment fee at the same time, otherwise the patent right will be terminated because you don't pay the fee.

Note: In the process of paying the annual fee, you must pay the late fee, otherwise the patent will still be terminated.

Legal basis: Article 98 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. 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.