Legal subjectivity:
Since patent right is an intangible property right, unlike ordinary property rights, there is no problem of natural termination of rights due to the disappearance of the object. Therefore, the patent laws of various countries are based on the following reasons , all stipulate the term of patent rights: ① Patented technology itself has the characteristics of gradually losing its property value as time goes by and the technical level improves; ② Patent rights are monopolized for a long time, which is not conducive to the progress of science and technology and the development of industry in the entire society. . Situations of Termination Edit Article 44 of the Patent Law stipulates that the patent right shall be terminated before the expiration of the term in any of the following circumstances: (1) Failure to pay annual fees in accordance with regulations; (2) The patentee gives up its patent rights in a written statement of. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council (State Intellectual Property Office). Notes Editor: Although the term of patent rights stipulated in Article 42 of the Patent Law is calculated from the date of application, this is only the starting point for calculating the term of patent rights and does not mean that the patent right becomes valid from the date of application. According to the provisions of Articles 39 and 40 of the Patent Law, patent rights shall take effect from the date of authorization announcement. Since a patent application must be reviewed by the Patent Office before it is possible to obtain patent rights, it takes a certain amount of time from the date of application to the Patent Office’s announcement of authorization of the patent application. In this way, the effective period during which the patentee of an invention patent can actually obtain legal protection. It must be less than 20 years, and the effective period of legal protection that the patentee of utility model and design patents can actually obtain must be less than 10 years. Legal objectivity:
Article 6 of the "Patent Law Implementing Rules" If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit designated by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of its rights, Within 2 months from the date when the obstacles are removed, and at the latest within 2 years from the date of expiration, a request can be made to the patent administration department of the State Council for the restoration of rights. If a party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and complete the corresponding procedures that should be completed before the loss of rights; in accordance with paragraph 2 of this article If you request restoration of rights according to the provisions of this paragraph, you must also pay a request fee for restoration of rights. The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limits specified in Articles 24, 29, 42 and 68 of the Patent Law.