What are the reasons for the termination of patent right?

I. Reasons for Termination of Patent Right What patent right is an intangible property right with a time limit? At the expiration of the time limit, the rights shall be terminated according to law. At the same time, more patent rights may be terminated before the expiration of the time limit because the patentee is unwilling to maintain or voluntarily give up. After the termination of the patent right, the inventions protected by the patent right will become the wealth of the whole society. Anyone can use it for free. There are three situations in which the patent right can be terminated: 1, the invention patent right will be terminated at the expiration of 20 years from the date of application, and the utility model or design patent right will be terminated at the expiration of 10 years from the date of application. Where the patent right expires and is terminated according to law, the Patent Office shall notify the patentee and register and announce it in the patent register and patent announcement respectively. After that, the patent application documents will be stored in the invalid file database for management and kept for at least another 3 years. 2. If the Patent Office fails to pay the annual fee and issue a notice of payment to inform the patentee to pay the annual fee and late payment fee for this year, and the patentee fails to pay or fails to pay the annual fee and late payment fee in full after the expiration of the annual fee, the Patent Office shall issue a notice of patent termination within two months, not earlier than one month. If it informs the patentee that the recovery procedure has not been started or the recovery has not been approved since the expiration of the late payment fee, it shall be stated in the patent register and the patent register within four months after the termination notice is issued. After that, the patent application file is stored in the invalid file database. The patent termination date shall be the last year's deadline. 3. The patentee voluntarily waives the patent right. The patentee may voluntarily give up his patent right if he voluntarily contributes his invention to the whole society. Where the patentee voluntarily renounces the patent right, it shall make a written statement in the format uniformly formulated by the Patent Office. The abandonment of patent right only allows the abandonment of all patents, not some patents. The statement of giving up part of the patent right is deemed not to have been made. After the patentee is not the real owner and maliciously requests to give up the patent right, the real owner of the patent right (who must provide valid legal documents to prove it) may request to cancel the declaration. When abandoning a patent with two or more patentees, all patentees shall agree and sign a statement or other documents. Where one or part of two or more patentees request to give up the patent right, the patentee shall be changed through the procedures for changing the description items. After the declaration of giving up the patent right that meets the requirements is approved, the Patent Office will register and announce relevant matters in the patent register and patent bulletin. This statement shall take effect as of the date of registration and announcement. Second, how to resume after the termination of the patent right According to the provisions of the Patent Law of China and its detailed rules and the Examination Guide, if the annual fee is not paid on time, it will be regarded as giving up and terminating the patent right. Under normal circumstances, if you put forward a request to restore the patent right within two months after receiving the notice of patent termination and explain the reasons, you can restore the patent right. It is generally difficult to restore the patent right beyond this time limit. The following principles must be observed when requesting the restoration of rights: (1) If the party concerned delays the deadline due to irresistible reasons, resulting in the loss of rights, he may, within 2 months from the date when the obstacle is removed, but at the latest within 2 years from the date when the deadline expires, explain the reasons to the Patent Office and attach relevant supporting documents to request the restoration of rights; (2) If the party concerned delays the deadline for justifiable reasons, resulting in the loss of rights, he may explain the reasons to the Patent Office within 2 months from the date of receiving the notice from the Patent Office and request the restoration of rights; (3) Those who fail to pay the maintenance fee or annual fee on schedule can only request the Patent Office to restore their rights on irresistible grounds. To go through the formalities of reinstatement, an application for reinstatement and relevant certificates shall be submitted. And the restoration fee. In addition, if the patent right is abandoned in writing and terminated at the expiration of the time limit, there is basically no possibility of recovery. The termination of the patent right will inevitably bring a series of legal consequences to the patentee, the most important of which is that his own patent right will not be protected by law, that is, others can also use their own patented technology or patented products. In practice, the most common situation that leads to the termination of patent right is the expiration of the patent protection period stipulated by law.