Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC) has a term of 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of filing. The term of the utility model patent is 10 year, counting from the date of application. The termination of patent right can be divided into:
(1) Expiration: the patent right for utility model or design shall be maintained for ten years from the date of application and shall be terminated according to law.
(2) Termination without payment: If the patentee fails to pay or pay all the annual fees and late fees in accordance with regulations, the patent right shall be terminated as of the expiration date of the previous year.