The circumstances that cause the patent right to become invalid include:
1. The patentee fails to pay the annual fee in accordance with the regulations without justifiable reasons;
2. The right holder has given up its patent rights in a written statement;
3. Other circumstances stipulated by law that cause the patent rights to lose effectiveness.
Legal Basis
Article 42 of the Patent Law of the People’s Republic of China that came into effect on June 1, 2021
Invention Patent Rights The term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
Article 43
The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44
Patent rights shall be terminated before expiration in any of the following circumstances:
(1) Failure to pay annual fees as required
(2) The patentee has given up its patent rights in a written statement.
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.