After the patent application is approved by the China Patent Office to grant the patent right, the patentee shall pay the annual fee to the China Patent Office on time. The annual fee standards for invention patents, utility model patents and design patents are different, but the payment period and method are the same.
The annual fee shall be paid to the Chinese Patent Office in the year when the patent right is granted. The annual fee for the year of authorization is as follows: the publication date plus 3 months on the authorization announcement issued by China Patent Office is the authorization date. For an application for a patent for invention, if the authorization date is later than the due date for paying the maintenance fee, the patentee is not required to pay the annual fee for that year. If the authorization date is before the payment due date, if the maintenance fee is not paid, the annual fee will be paid directly; If the maintenance fee has been paid, the difference between the annual fee and the maintenance fee of the current year shall be paid.
The application for patent for utility model and design is also based on the date of authorization announcement issued by China Patent Office plus 3 months as the authorization date. In which year is the sunset authorized and the annual fee paid; The applicant shall pay the patent certificate fee and annual fee as required after receiving the authorization notice. (The announcement date of utility model and design is the authorization date)
Those who fail to pay the annual fee within the prescribed time limit will be overdue for 6 months. If the annual fee is overdue, an additional 25% annual fee will be charged as a late fee. If the annual fee is not paid within the time limit, the China Patent Office will issue a notice of "deemed to have waived the patent right" to the patentee and publish it in the patent bulletin. The patentee cannot "request the restoration" of the patent right.