Concept and types of patent termination

Concept of termination of patent right: termination of patent right means that the patentee fails to pay the annual fee according to legal procedures or gives up his patent right in writing, and the patent right loses its legal effect when the term expires. The situation is that the patentee fails to pay the annual fee according to the regulations, and the patentee gives up his patent right in writing.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

In any of the following circumstances, 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.