According to Article 43 of the Patent Law of People's Republic of China (PRC), the patentee shall pay the annual fee from the year when the patent right is granted.
With reference to Article 44 of the Patent Law of People's Republic of China (PRC), 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.
Extended data
Refer to the Patent Law of People's Republic of China (PRC).
Article 26. To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27. The applicant for a patent for design shall submit a request, a picture or photograph of the design, a brief description of the design and other documents. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 28. The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 34. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Dianjiang County People's Congress Standing Committee-People's Republic of China (PRC) Patent Law