Can the patent term be extended?
The patent right has a time limit, and its validity cannot be extended. According to Article 42 of the Patent Law, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, both of which are counted from the date of filing. According to Article 43 of the Patent Law, the patentee shall pay the annual fee from the year when the patent right is granted. According to Article 44 of the Patent Law, 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. According to the provisions of Article 45 of the Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right. To sum up, the term of the patent right cannot be extended, and it may be terminated early and declared invalid at any time during the validity period.