What happens if a China patent annuity is paid late?
A six-month late-payment period generally follows the due date. The annual fee remains payable and a surcharge increases by prescribed increments, commonly 5% for each month of delay.
Why it matters
Put the question in the right procedure and timeline
A payment instruction is only reliable when the patent number, owner, patent year and current legal status have been checked together. Public search results are useful, but formal evidence may require a register copy.
What changes the answer
What can change the answer
Calculate the surcharge from the official payment rule and actual payment date. Paying only the base annuity may leave the fee incomplete.
Do not act on the summary alone for a live matter. An official record, service date, document version, party identity or transitional rule can change the conclusion.
What to prepare
Prepare these three points
- 01
Patent numbers, jurisdictions and the portfolio owner's exact legal name.
- 02
The latest official record, notice or filing document for this issue.
- 03
A timeline of key events, the earliest known deadline and the result you need.
Next step
Apply the answer to your actual record
Verify each number and current status against an official source.
Check whether this fact changes the answer: Calculate the surcharge from the official payment rule and actual payment date. Paying only the base annuity may leave the fee incomplete.
Record the instruction, payment confirmation and next deadline in one audit trail.
Official sources
Official sources used for this article
These links lead to original CNIPA, WIPO or Supreme People's Court materials. Check the latest text, effective date and matter-specific procedure when acting.
- CNIPA Official Q&A on patent annual-fee deadlines, late payment and restoration
- CNIPA Patent fee schedule and payment information
Prepared and checked by Zhiquan IP against the listed primary materials. Cross-check the organization and contact details on the Credentials page.