What are the circumstances of patent termination?

The concept of termination of patent right: the legal phenomenon that the patent right loses its legal effect because of the expiration of the protection period, the patentee fails to pay the annual fee or gives up the patent right in writing, or the legal reasons for termination appear. The termination of the patent right is:

1. Failing to pay the annual fee as required;

2. The patentee waives 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.