If the patentee fails to apply within the time limit, the patent right will eventually be lost; However, the patentee fails to implement it due to force majeure or other legitimate reasons. The termination of the patent right refers to the expiration of the patent protection period or the invalidation of the patent right for some reason.
Legal basis: Article 44 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.