According to the relevant laws and regulations, the patentee who has obtained the invention patent needs to pay the annual fee in the year when the patent right is granted. If the royalties are not paid as required, the patent right will be terminated before the expiration of the time limit.
According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application.
Article 43 stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 stipulates that in any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) failing to pay the annual fee as required; (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.
Article 45 stipulates that any unit or individual who thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administration department of the State Council announces the grant of the patent right.