Legal analysis: Utility models are valid for ten years. According to relevant laws and regulations, the term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is fifteen years, starting from the date of application and shall be from the date when the patent right is granted. Annual fees will be paid starting from the year of. If a utility model patent expires and the patentee fails to pay the annual fee within one month after expiration or fails to pay the capacity within the specified period, there will be a one-month delayed payment period, and the annual fee can be paid promptly during the extension period. , and no additional late fees are required.
Legal basis: "Patent Law of the People's Republic of China"
Article 42 The term of invention patent rights is twenty years, and the term of utility model patent rights is The term of design patent rights is ten years, and the term of design patent rights is fifteen years, both calculated from the date of application. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent, except for unreasonable delays caused by the applicant. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council will provide patent period compensation at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term: (1) Failure to pay annual fees in accordance with regulations; (2) The patentee gives up his patent in a written statement Right. 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.