Patent annuities are the lightest item of expenditure in a patent’s life cycle — a few hundred to a few thousand yuan a year. They are also the most lethal: a single missed payment can sink more than a decade of filing investment and every annuity paid so far. And the rules on when to pay and what happens if you forget differ across jurisdictions far more than most people assume.
Stripped down, those differences come to just five variables: the base date (which day the deadline is anchored to), the starting point (from which year payment begins, and whether anything is owed before grant), the payment rhythm (annual prepayment, or a few fixed milestones), the grace period and late-payment cost (how long you have after default, and what it costs), and lapse and restoration (when the right is extinguished, whether that is retroactive, and whether it can be recovered).
China’s rules can be compressed into three sentences: the base date is the corresponding day in the year of the filing date; payment starts in the year of grant, and the annuity for that year is paid together with the registration formalities; and late payment triggers a 6-month grace period, with a surcharge of 5% of the full annuity for that year for each month overdue, capped at 25%. If payment is still outstanding after 6 months, the patent right terminates as of the date the annuity period expired, and restoration may be requested within 2 months of receiving the Notice of Termination of Patent Right.
This article first builds a general framework from those five variables, then explains the Chinese rules item by item, and finally places the United States, the European Patent Office (EPO), Japan, Korea and Germany in a single comparison table. Where the subject matter goes beyond amounts, the positions are taken from the official publications of the respective patent offices, as of October 2026.
1. Five Variables: A General Framework for Any Jurisdiction’s Annuity Rules
The statutory wording differs enormously from country to country, but when reduced to a docket, only five questions need answering. Ask all five and any jurisdiction’s annuity rules can be located quickly.
| Variable | Question it answers | Why it decides success or failure |
|---|---|---|
| ① Base date | Which day is the payment deadline anchored to — the filing date, the grant date, or the first payment date? | Determines each patent’s “anniversary” in the docket. Anchor it wrongly and everything downstream is wrong. China anchors to the filing date, whereas Korea anchors to the registration date and the US to the grant date — the same patent family has different due dates in different countries. |
| ② Starting point | From which year does payment begin? Is anything owed before grant? | Determines when the cash flow starts. Germany requires payment from the third year of protection, including for ungranted applications still under examination; China, Japan, Korea and the US all begin after grant. |
| ③ Payment rhythm | Annual prepayment, several years at once, or only a few milestones in total? | Determines how many transactions there are each year. The US has only three milestones (3.5 / 7.5 / 11.5 years); China, the EPO and Germany are annual; Japan and Korea prepay years 1–3 at grant and annually thereafter. |
| ④ Grace and late-payment cost | How long is the window after default, and what does it cost? | Determines the financial consequence of forgetting. All six jurisdictions allow 6 months, but the cost ranges from a fixed EUR 50 to a doubling of the annuity — a difference of several dozen times. |
| ⑤ Lapse and restoration | When is the right extinguished? Is the extinction retroactive? Can it be restored, at what cost and within what window? | Determines whether there is any way back after a complete oversight. In China, Japan and Korea the extinction relates back to the date the payment period expired, which means acts of exploitation during the gap are in an uncertain state. |
2. China’s Patent Annuity Rules in Detail
China’s annuity rules are concentrated in Articles 114 to 117 of the Implementing Regulations of the Patent Law, read together with the CNIPA Guide to Fee Payment Services for Patents and Integrated Circuit Layout Designs. They are unpacked below in the order in which they are encountered in practice.
2.1 Base date: the month and day of the filing date, not the grant date
This is the misunderstanding most common among foreign clients and inexperienced rights holders. In China the annuity deadline is tied to the filing date — the deadline is the corresponding day of the filing date in that year. Where the deadline falls on a statutory holiday, it is extended to the first working day after the holiday.
For international applications entering China via the PCT route, the application is deemed to be an application filed with CNIPA and the international filing date is deemed to be the filing date (Article 119 of the Implementing Regulations). The annuity base date is therefore the international filing date, not the date of entry into the Chinese national phase.
In practice this means every patent has an “anniversary” of its own. For a company holding several dozen patents, that means several dozen different deadlines scattered across the months of the year — precisely the situation in which a manual docket is most likely to fail.
2.2 First payment: in the year of grant, together with the registration formalities
Article 114 of the Implementing Regulations provides that when the applicant completes the registration formalities, it shall pay the annuity for the year in which the patent right is granted; if the period expires without payment, or without payment in full, the registration formalities are deemed not to have been completed. The payment period is 2 months from receipt of CNIPA’s Notice to Complete Registration Formalities.
One comparison is easily overlooked: at the grant stage China collects only the single annuity for the year of grant, whereas Japan and Korea require three years’ annuities (years 1–3) to be paid at once on grant (registration). Even for the same grant event, the first-payment structure differs, so China’s arithmetic should not be transposed to them.
2.3 Subsequent years: prepaid before the expiry of the preceding year
Article 115 of the Implementing Regulations provides that annuities for years after the year of grant shall be paid before the expiry of the preceding year. China thus uses an “annual prepayment” model — what is being paid is the annuity for the coming year, not a retrospective top-up for a year already past.
For example, for an invention patent with a filing date of 20 May 2019, the annuity for year 5 must be paid before the expiry of year 4, i.e. before 20 May 2023. CNIPA does not issue a separate reminder before the deadline, so the rights holder must pay on its own initiative; in practice several years may also be prepaid at once.
2.4 Late payment: the 6-month grace period and the surcharge scale
Where a patentee fails to pay an annuity on time (other than the annuity for the year of grant) or pays an insufficient amount, it may make up the payment within 6 months from the date the annuity period expired, together with a surcharge. The surcharge is calculated in bands according to the number of months overdue, and is based on the full annuity for that year rather than on a pro-rata basis:
| Time of payment (from expiry of the payment period) | Surcharge |
|---|---|
| Less than 1 month overdue | No surcharge |
| More than 1 month (not a full month) up to 2 months (two full months) | 5% of the full annuity for that year |
| More than 2 months up to 3 months | 10% of the full annuity for that year |
| More than 3 months up to 4 months | 15% of the full annuity for that year |
| More than 4 months up to 5 months | 20% of the full annuity for that year |
| More than 5 months up to 6 months | 25% of the full annuity for that year |
Two operational points are worth remembering separately:
The deadline shown on the official website already includes the first month. CNIPA’s customer service centre has confirmed that the annuity payment deadline displayed in the fee enquiry system on the patent office’s website already includes that one-month period. Do not try to calculate a further “free window” on top of it, or the position will be misjudged.
A second payment follows the band in force on the day it is made. Where the annuity or surcharge paid within the 6-month grace period is insufficient and a further payment is required, the full annuity and surcharge due must be made up according to the surcharge band in force at the time of that further payment.
China also issues a Notice of Payment after the payment deadline as a reminder (which is why a missed annuity in China often gets a second chance). This differs from the US and Germany, where the patent offices expressly assume no duty to remind.
2.5 Termination and restoration: retroactive extinction plus a 2-month restoration window
Article 115 of the Implementing Regulations provides that where payment is not made by the expiry of the period, the patent right terminates as of the date the annuity period expired. Note the words “as of” — the extinction is retroactive. It does not take effect at the end of the grace period but reaches back to the day payment should have been made.
Termination is not an absolute dead end. The patentee may request restoration within 2 months of receiving the Notice of Termination of Patent Right, subject to three cumulative conditions: filing a request for restoration (stating the reasons and, where necessary, attaching supporting documents), completing the formalities that should have been completed before the loss of the right, and paying the restoration request fee of RMB 1,000. The annuity surcharge in restoration proceedings is calculated at 25% of the full annuity for that year.
Here is where foreign agencies often miscalculate: the restoration period runs from the date the Notice of Termination of Patent Right is received, not from the default date plus 2 months. Until the notice is in hand, any calculation is only a working assumption.
If restoration is not requested within 2 months, the right is irreversibly lost: the technical solution enters the public domain and anyone may freely work it, nor can it be recovered by refiling (which would fail for lack of novelty over the applicant’s own disclosure).
2.6 Three ways to pay less
| Mechanism | What it provides | Who may use it |
|---|---|---|
| Patent fee reduction | Annuities are reduced for 10 years from the year of grant: 85% for a single eligible entity, 70% where two or more entities each meet the conditions | Individuals with an average monthly income below RMB 5,000 (RMB 60,000 a year) in the previous year; enterprises with taxable income below RMB 1 million in the previous year; public institutions, social organisations and non-profit research institutions. Fee-reduction recordal must be completed first, and foreign entities are constrained by the supporting-document requirements |
| Reduction during open licensing | During the period in which an open licence is in effect the annuity is reduced by 15%; recording the open-licence contract is deemed to constitute a simultaneous request for the annuity reduction, with no separate filing and no fee-reduction recordal | Any patentee, including foreign entities — the most practical provision for foreign rights holders |
| Licensing and assignment do not affect the payment obligation | The annuity obligation is not interrupted by licence or assignment; the original holder’s fee-reduction entitlement does not survive the transfer, and an assignee wishing to claim a reduction must re-file from the date of recordal of the change | — |
Joint ownership deserves special mention: the fee-reduction measures require that where two or more individuals or entities are joint applicants or joint patentees, each must independently satisfy the conditions. Where an overseas parent and a Chinese subsidiary are named jointly, a single non-qualifying party disqualifies the whole application from reduction. The ownership structure must therefore be settled before filing.
2.7 Three things China does not have
No application maintenance fee. China imposes no maintenance charge before grant. Europe, by contrast, requires “renewal fees” during the application stage, and Germany levies annuities from the third year of protection whether or not the patent is granted.
No fee based on the number of claims. Chinese annuities depend only on the type of patent and the year band; the number of claims has no effect on the annuity. Japan and Korea add an annuity charge for each registered claim.
No “renewal” of term. The term is fixed — 20 years for an invention, 10 years for a utility model and 15 years for a design, in each case from the filing date. Once it expires the right ends; China provides term compensation only for delays in examination and in marketing approval, not a renewal of the right.
Set out below are the Chinese annuity standards used as the baseline (in RMB per year). The real cost steps up at year 10, year 13 and year 16:
| Type of patent | Year bands and annuities (RMB/year) |
|---|---|
| Invention | Years 1–3: 900 ｜ 4–6: 1,200 ｜ 7–9: 2,000 ｜ 10–12: 4,000 ｜ 13–15: 6,000 ｜ 16–20: 8,000 |
| Utility model | Years 1–3: 600 ｜ 4–5: 900 ｜ 6–8: 1,200 ｜ 9–10: 2,000 |
| Design | Years 1–3: 600 ｜ 4–5: 900 ｜ 6–8: 1,200 ｜ 9–10: 2,000 ｜ 11–15: 3,000 |
Qualification on the 15-year design term: the 15 years apply only to designs filed on or after 1 June 2021; designs filed before that date still run for 10 years.
3. Six Jurisdictions in the Same Frame of Reference
The table below places China, the United States, the European Patent Office (EPO), Japan, Korea and Germany into the five variables from Part 1. To avoid confusion, note that the formal name of the “annuity” differs across jurisdictions (maintenance fee in the US, renewal fee at the EPO, 年金／登録料 in Japan and Korea, Jahresgebühr in Germany); for simplicity this article calls them all annuities.
| Jurisdiction | ① Base date | ② Starting point | ③ Rhythm | ④ Grace and late payment | ⑤ Lapse and restoration |
|---|---|---|---|---|---|
| China | The corresponding day of the filing date in that year (international filing date for PCT cases) | From the year of grant; no maintenance cost at all before grant | One year paid with the registration formalities in the year of grant; thereafter prepaid before the expiry of the preceding year, and several years may be prepaid | 6-month grace period; the first month is free, then 5% of the full annuity for that year per month overdue, capped at 25% | Terminates retroactively as of the date the annuity period expired; restoration may be requested within 2 months of receiving the Notice of Termination, at a cost of RMB 1,000 plus a 25% annuity surcharge |
| United States | Date of grant | From 3.5 years after grant; maintenance fees apply to invention patents only | Only three milestones in total: 3.5 / 7.5 / 11.5 years. The window opens 6 months before the due date | Payable within the 6-month grace period after the due date, with a surcharge (currently USD 540 for a large entity, USD 216 for a small entity and USD 108 for a micro entity) | The patent lapses automatically at the end of the grace period; restoration requires an “unintentional delay” petition and a petition fee (banded according to whether the delay exceeds 2 years); after restoration others enjoy intervening rights |
| Europe (EPO) | The filing date; the due date is the last day of the month containing the filing date | From the third year counted from the filing date (i.e. during the application stage) | Paid annually to the EPO up to and including the year in which the grant is published | Payable within 6 months of the due date, together with an additional 50% of that annuity | If unpaid after 6 months, an ungranted application is deemed withdrawn and a granted patent lapses in the states concerned; re-establishment may be requested under Article 122 EPC, within 2 months of removal of the cause and at the latest 1 year after the period expired |
| Japan | The filing date; from year 4 the due date is the last day of the preceding year | Annuities for years 1–3 are paid on grant (within 30 days of service of the decision to grant, extendable by request by a further 30 days) | Years 1–3 prepaid in a lump sum at grant; annually thereafter, with several years possible at once; fees are based on the number of claims | 6-month supplementary payment period; a surcharge equal to the annuity itself (i.e. double payment) is required | If the period passes, the right is extinguished retroactively as of the date the payment period expired; a separate restoration regime under Article 112-2 of the Patent Act requires that the failure be attributable to reasons beyond the patentee’s control, within 2 months of the reasons ceasing and within 1 year |
| Korea | The anniversary of the registration date (not the filing date) | Annuities for years 1–3 are paid in a lump sum within 3 months of service of the decision to grant | Years 1–3 prepaid at grant; annually thereafter; additional charges per registered claim (basic fee plus a per-claim addition) | 6-month supplementary payment period; the additional charge increases monthly at 3% / 6% / 9% / 12% / 15% / 18% | If the period passes the right is extinguished retroactively; restoration is possible by paying twice the annuity within 3 months of lapse, or on legitimate grounds within 2 months of the reasons ceasing and within 1 year. After restoration the right may not be exercised during the period of lapse |
| Germany | The filing date; the due date is the last day of the month containing the filing date | From the third year of protection; ungranted applications under examination must also pay | Paid annually to the DPMA; up to 1 year may be prepaid | The first 2 months after the due date are free; payment within the following 4 months requires a fixed EUR 50 surcharge | If unpaid after 6 months the patent terminates / the application is deemed withdrawn; the DPMA issues no payment reminder |
4. Two Items in Isolation: Cost of Delay and Route to Restoration
Extracting the two columns that most affect decisions makes the differences clearer. The first is “how much does forgetting cost”:
| Jurisdiction | Grace period | Cost of delay | Is the start free? |
|---|---|---|---|
| China | 6 months | 5%–25% of the full annuity for that year | Yes (first month free) |
| United States | 6 months | Fixed surcharge (currently USD 540 for a large entity) | No |
| Europe (EPO) | 6 months | 50% of that annuity | No |
| Japan | 6 months | An amount equal to the annuity (i.e. double payment) | No |
| Korea | 6 months | 3%–18% of the annuity for that year | No |
| Germany | 6 months | Fixed EUR 50 | Yes (first 2 months free) |
The second is “if you forget entirely, is there still a way back”. One easily overlooked difference: in China and Korea restoration does not require the rights holder to prove that the failure was unintentional or not attributable to it — being within the window and paying in full is enough. The United States requires proof that the delay was “unintentional”, Europe requires removal of the cause, and Japan requires that the failure not be attributable to the patentee; all are substantive requirements that must be evidenced and may be refused.
| Jurisdiction | Restoration window | Cost of restoration | Is evidence required? |
|---|---|---|---|
| China | 2 months from receipt of the Notice of Termination of Patent Right | Restoration request fee RMB 1,000 + a surcharge of 25% of the full annuity for that year | Reasons need only be stated; no proof of “unintentional” conduct is required |
| United States | After the grace period expires (no fixed upper limit; the petition fee is banded according to whether the delay exceeds 2 years) | Back maintenance fees + petition fee (currently USD 2,260 where the delay is ≤ 2 years; USD 3,000 where it exceeds 2 years) | The delay must be shown to be unintentional; after restoration others enjoy intervening rights |
| Europe (EPO) | Within 2 months of removal of the cause, and at the latest 1 year after the period expired | Back annuity + 50% surcharge + re-establishment fee | All due care must be shown |
| Japan | Within 2 months of the reasons ceasing, and within 1 year of expiry of the period | Back annuity + an equal surcharge | The failure must be shown not to be attributable to the patentee |
| Korea | Restoration by paying twice the annuity within 3 months of lapse; or on legitimate grounds within 2 months / 1 year | Twice the annuity (or back annuity + additional charge) | The “twice the annuity” route requires no evidence; the legitimate-grounds route does. After restoration the right may not be exercised during the period of lapse |
| Germany | Within 2 months of removal of the obstacle, and at the latest 1 year after the payment due date (the end of the grace period) | Section 123(1) of the German Patent Act requires all of the following to be satisfied: (i) the non-payment was not the patentee’s own fault (for example an objective obstacle); (ii) a request for restoration is filed within 2 months of the cause ceasing; (iii) the request is filed at the latest 12 months after the payment due date; (iv) the omitted act — payment of the annuity — is completed within the request period (once it has been paid, restoration may in some cases be granted without a request) | Restoration must be requested from the DPMA under section 123 of the Patent Act on the ground of “no fault” (ohne Verschulden), within 2 months of removal of the obstacle |
5. Jurisdiction by Jurisdiction: Four Rule Details Most Easily Missed
5.1 United States: three payments, no reminders, and an “unintentional” threshold for petitions
US maintenance fees apply only to invention patents; design patents and plant patents have none. The three due dates are 3.5, 7.5 and 11.5 years from grant, and the payment window opens 6 months before each due date (i.e. at 3–3.5 years); payment within the window carries no surcharge.
Two points require particular attention. First, the USPTO has no duty to remind, so any reminder in practice is a courtesy and cannot be the basis for a docket. Second, after the 6-month grace period the patent lapses automatically at its expiry, and restoration requires an “unintentional delay” petition — a substantive requirement — with the petition fee banded according to whether the delay exceeds 2 years. Even if restoration succeeds, parties who began working the invention during the lapse enjoy intervening rights, so the restored patent is not fully equivalent to one that never lapsed.
5.2 Europe: payable during the application stage, with a change of payee after grant
The EPO renewal fee has two features found nowhere else. First, it is payable from the third year counted from the filing date, so the obligation arises while the application is still under examination and possibly ungranted. Second, it is paid up to the year in which the grant is published, after which collection passes to the national offices in each state in which the patent takes effect (or remains with the EPO if unitary patent protection is chosen).
The due date is not the filing date itself but the last day of the month containing the filing date — a rule that also applies to German national annuities. Late payment is possible within 6 months of the due date but requires an additional 50% of the annuity; after 6 months an ungranted application is deemed withdrawn, while a granted patent lapses in the states concerned.
5.3 Japan: three years at grant, and double payment for late settlement
Japan splits the “registration fee” from the “annuity”: years 1–3 are paid in a lump sum at grant (within 30 days of service of the decision to grant, extendable by request by a further 30 days), failing which the application becomes invalid; from year 4 payment is annual, the due date is the last day of the preceding year, and several years may be prepaid together.
Japanese annuities are calculated on the number of claims — the more claims, the higher the fee. This is fundamentally different from China’s claim-independent system and is the reason the cost structure of the same patent differs so much between the two countries. Within the 6-month supplementary payment period the annuity may be paid with an equal additional amount, i.e. double the annuity — the heaviest of the six jurisdictions compared here.
5.4 Korea: the baseline is the registration date, and the additional charge rises monthly
The difference to remember in Korea is the baseline date: annuities from year 4 fall due on the anniversary of the registration date, not the filing date. The same patent will therefore typically fall due in China and Korea several months apart or more, and managing Korean patents on Chinese date logic is bound to go wrong. Annuities likewise carry a per-claim addition (basic fee plus a charge per claim).
Within the 6-month supplementary payment period the additional charge rises monthly: 3% in the first month, 6% in the second, and so on to 18% in the sixth. After that period, Korea offers the most generous restoration route of the six: paying twice the annuity within 3 months of lapse restores the right, without any requirement to prove that the failure was unintentional. Note, however, that the patent right may not be exercised during the period treated as lapsed.
5.5 Germany: annuities from year 3, granted or not
German annuities are payable annually from the third year of protection, with the due date falling on the last day of the month containing the filing date. The most substantive difference is that applications not yet granted and still under examination must also pay, failing which the application is deemed withdrawn. The DPMA sends no fee notification, so the rights holder must monitor the position itself.
After the due date there is a window of 2 months entirely free of surcharge; payment within the following 4 months requires a fixed EUR 50 surcharge (note that it is a fixed amount, not a percentage of the annuity, so it is proportionally very low for a large annuity). Annuities may be prepaid up to 1 year in advance. In addition, filing a declaration of willingness to license (Lizenzbereitschaftserklärung) under section 23 of the German Patent Act halves the annuity — a design of the same kind as China’s 15% reduction during open licensing, but with a larger discount.
6. China’s Rules Put Back in the Comparison: Five Conclusions
First, grace periods are highly consistent — all 6 months. Not one of the six jurisdictions compared departs from a 6-month window. This shows that six months has become the internationally accepted tolerance benchmark; the real difference lies in cost, not in length.
Second, China’s cost of delay is mid-range; Japan’s is the heaviest. Measured as cost of delay against the annuity for that year: Germany’s fixed EUR 50 (which can fall to single-digit percentages of a large annuity) < Korea 3%–18% < China 5%–25% < Europe 50% < Japan 100%. China is neither the most lenient nor remotely the harshest.
Third, China and Germany are the friendliest at the start. China’s first month is free of surcharge and Germany’s first 2 months are entirely free, whereas the US, Europe, Japan and Korea incur cost as soon as the grace period begins.
Fourth, China starts latest and has zero maintenance cost before grant. Germany levies from the third year of protection, even during examination; Europe from the third year counted from the filing date; China, by contrast, generates no maintenance cost at all during the application stage (including substantive examination) and collects the first annuity only at grant together with the registration formalities. For budgeting, the cost of holding a Chinese patent before grant is zero.
Fifth, China’s restoration window is the shortest but the threshold is the lowest. The window is only 2 months (the US has no fixed upper limit and Korea 3 months), but on the wording of the statute China requires only that a request be filed with reasons stated, and does not require the rights holder to prove that the failure was unintentional or not attributable to it. In other words, if you act within 2 months and pay in full, restoration will normally follow. The real risk is missing those 2 months, not having the evidence rejected.
7. Three Practical Suggestions for Cross-Border Annuity Management
First, do not use one set of date logic for the docket. China anchors to the filing date, Korea to the registration date, the US to the grant date, and Germany and Europe to the last day of the month containing the filing date. The due dates of a single patent family naturally differ from country to country, so the docket must be built as one due date per country and must not be derived from the Chinese date.
Second, do not rely on official notifications. The USPTO and the DPMA expressly assume no duty to remind, and China’s Notice of Payment is issued only after the deadline, so it can serve as a backstop but not as a plan. The workable approach is to build or outsource a reminder docket sorted by due date.
Third, watch the step-ups, not the average. Chinese invention patent costs step up at year 10 (RMB 4,000), year 13 (RMB 6,000) and year 16 (RMB 8,000); the US has three step points at 3.5 / 7.5 / 11.5 years; Germany rises annually and starts before grant. Estimating as “average annuity × number of years” will almost certainly understate the cost.
Frequently Asked Questions
Q: Are Chinese annuities counted from the filing date or the grant date?
A: From the filing date. The payment deadline is the corresponding day of the filing date in that year and is unrelated to the grant date. For applications entering China via the PCT route the international filing date is used (Article 119 of the Implementing Regulations of the Patent Law). The same applies to utility models and designs.
Q: How many years’ annuities are paid in the year of grant, and why is this different from Japan?
A: On completing the registration formalities China collects only the single annuity for the year of grant (Article 114 of the Implementing Regulations), within 2 months of receipt of the Notice to Complete Registration Formalities. Japan and Korea require three years’ fees (years 1–3) to be paid in a lump sum at grant (registration). For the same grant event the first-payment structures differ, so one cannot be transposed onto another in a quotation.
Q: If an annuity is forgotten, how long have I got to fix it?
A: There are two windows. The first is the grace period: the annuity and surcharge may be paid within 6 months of the payment deadline, with the first month free of surcharge. The second is restoration: more than 6 months causes the patent right to terminate as of the date the annuity period expired, at which point restoration may be requested within 2 months of receiving the Notice of Termination of Patent Right. Once both windows have passed, the right is irreversibly lost.
Q: How is the surcharge calculated, and is there a cap?
A: The surcharge is banded on the full annuity for that year: no surcharge for less than 1 month overdue; 5% for 1–2 months, 10% for 2–3 months, 15% for 3–4 months, 20% for 4–5 months and 25% for 5–6 months. The cap within the 6-month grace period is therefore 25% of the full annuity for that year. Note that the annuity deadline shown in the patent office’s fee enquiry system already includes that first month.
Q: Can a patent be restored after receiving the Notice of Termination of Patent Right, and what does it cost?
A: Yes, but only for 2 months. A request for restoration must be filed within 2 months of receiving the Notice of Termination (with reasons stated and, where necessary, supporting documents), the formalities that should have been completed before the loss of the right must be completed, and the restoration request fee of RMB 1,000 paid; the annuity surcharge in restoration proceedings is 25% of the full annuity for that year. The period runs from receipt of the notice, not from the default date plus 2 months.
Q: Can foreign annuities be understood on the same terms as China’s?
A: No — the differences concentrate in three places. The base date differs: China anchors to the filing date, Korea to the registration date and the US to the grant date. The rhythm differs: the US has only three milestones at 3.5 / 7.5 / 11.5 years, China, Europe and Germany are annual, and Japan and Korea prepay years 1–3 at grant. The starting point differs: Germany levies from the third year of protection even before grant, Europe from the third year counted from the filing date, while China generates no maintenance cost before grant.
Q: Are US maintenance fees paid every year?
A: No. US invention patent maintenance fees are paid at three points: 3.5, 7.5 and 11.5 years from grant, with the window opening 6 months before each due date. Design patents and plant patents carry no maintenance fee. Payment within the 6-month grace period after the due date is possible with a surcharge; once the grace period expires the patent lapses automatically, after which only an “unintentional delay” petition can restore it.
Q: After a European patent is granted, to whom are the annuities paid?
A: In two stages. Before grant, renewal fees are paid to the EPO from the third year counted from the filing date up to the year in which the grant is published; after grant they are collected by the national offices in each state in which the patent takes effect, or remain with the EPO if unitary patent protection is chosen. The due date is the last day of the month containing the filing date, and late payment is possible within 6 months together with an additional 50% of the annuity.
Q: Why are Japanese and Korean annuities more expensive than China’s?
A: Mainly because of the basis of calculation. Japanese and Korean annuities are calculated on the number of registered claims (a basic fee plus a per-claim addition), so more claims means a higher fee; Chinese annuities depend only on the type of patent and the year band. Japanese fees also rise sharply in the later years, and late payment requires an equal additional amount (i.e. double payment) — the heaviest of the six jurisdictions.
Q: How can a patent maintained in several countries avoid missed payments?
A: Three things. First, build the docket as one due date per country and do not derive other countries’ due dates from the Chinese filing date. Second, do not rely on official notifications — the US and Germany expressly send no reminders and China’s Notice of Payment is issued only after the deadline. Third, record the late-payment standards alongside, because Japan doubles the fee and Europe adds 50%, in sharp contrast to Germany’s fixed EUR 50, and the cost of delay must be known in advance.
Related Reading
A Complete Guide to Paying Patent Annuities in China: Deadlines, Surcharges and Lapse Risk — when looking at China alone, this article sets out the time points, the fee table and the three-stage consequences in more detail.
Zhihai Yida’s Free Patent Annuity Monitoring Service Goes Live — a full description of the service and how to get started.
Patent Annuity Monitoring Service · User Guide — a feature-by-feature explanation of the dashboard, the verification rules and the reminder mechanism.
Zhihai Tools — free practical tools such as the patent formalities checker.
Differences in annuity rules ultimately come down to three things: which day, how much, and what happens if you forget. Our firm has long provided free patent annuity monitoring and can set up a reminder docket by due date; you can also use free tools such as the patent formalities checker at Zhihai Tools. For bulk monitoring, annuity payment services or cross-border patent portfolio advice, please contact Hefei Zhihai Yida Intellectual Property Agency (Agency Code 34408).
Sources: The China section is based on Articles 114 to 117 of the Implementing Regulations of the Patent Law of the People’s Republic of China (State Council Order No. 769, in force 20 January 2024), the CNIPA Guide to Fee Payment Services for Patents and Integrated Circuit Layout Designs, and public answers from CNIPA’s customer service centre. The United States section is based on 35 U.S.C. § 41 and current USPTO fee standards. The European section is based on Articles 86 and 122 EPC and official EPO explanations. The Japan section is based on Articles 107, 108 and 112-2 of the Japanese Patent Act and the JPO’s Registration Practice Q&A. The Korea section is based on Articles 79, 81 and 81-3 of the Korean Patent Act and current KIPO collection standards. The Germany section is based on the DPMA’s official notes on annuities and payment deadlines and section 23 of the German Patent Act. The fees and rules above may change; before payment please refer to the current publications of the competent authority. This article is a general summary of information and does not constitute fee or legal advice on any specific case. Last updated: 22 October 2026.