If a renewal has not been paid during the regular period then the grace/surcharge period starts. In this period, a renewal may be possible by paying the usual renewal cost and adding a penalty fee. The penalty fee (surcharge fee) is decided by the patent offices.
If we do not receive any instructions from you to renew with a penalty fee and when this period has passed, we can no longer renew the patent on your behalf.
The patent will then expire (lapse). This prevents you from taking action for infringements that occurred since the patent is no longer in force. Reinstating an expired patent is an extensive and costly procedure with no guarantee of success.
You can avoid the patent becoming expired (lapse) when you email us during this period, responding to our reminders. Once we receive your instruction, we will then issue the respective invoice.
Related:
What are the email notifications sent during the renewal flow?
