The patentee has to pay a certain fee every year from the year when the patent is granted until the patent protection period expires, which is the annual fee. Paying the annual fee accurately is the premise of maintaining the validity of the patent right. After the patent application is authorized, the patent applicant shall pay the annual fee of the year when the patent right is granted in addition to the patent registration fee when going through the registration formalities. The annual fee for each subsequent year shall be paid in advance within one month before the expiration of the previous year. If it is not paid within the specified time or the amount paid is insufficient, it can be paid back within 6 months from the date of expiration of the annual fee, and the corresponding amount of late fees will be paid at the same time, otherwise the patent right will be lost. If the patentee fails to pay the annual fee in time or in full within the prescribed time limit, he can pay the annual fee within 6 months from the date of expiration, and at the same time pay the corresponding amount of late fee. The specific calculation method for paying the late fee is as follows: (1) If the specified time limit is exceeded by 1 day to 1 month (including 1 whole month), he only needs to pay the annual fee without paying the late fee; (2) If the time limit exceeds 1 month to 2 months (including 2 whole months), the amount of overdue fine to be paid is 5% of the full annual fee; (3) If the time limit exceeds 2 months to 3 months (including 3 whole months), the amount of overdue fine to be paid is 1% of the full annual fee; (4) After the prescribed period of 3 months to 4 months (including 4 whole months), the amount of overdue fine to be paid is 15% of the full annual fee; (5) After the prescribed period of 4 months to 5 months (including 5 whole months), the amount of overdue fine to be paid is 2% of the full annual fee; (6) After the prescribed period of 5 months to 6 months (including 6 whole months), the amount of overdue fine to be paid is 25% of the full annual fee. Legal objectivity:
Article 44 of the Patent Law of the People's Republic of China is subject to any of the following circumstances: (1) The annual fee is not paid as required; (2) The patentee renounces 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.