Reasons for termination of patent rights
The termination of patent rights is divided into normal termination and abnormal termination.
According to the provisions of my country's "Patent Law", the reasons that can cause the termination of patent rights are:
(1) The patent right is terminated due to the expiration of the term;
(2) The patent right is terminated because the patent certificate fee is not paid;
(3) The patent right is terminated because the patentee fails to pay the annual fee as required;
(4) Patent The right terminates when the patentee gives up the patent in writing.
After the patent right is terminated, the invention and creation protected by the patent right becomes the common wealth of the whole society, and anyone can use it freely and free of charge.
2. What are the circumstances under which patent rights are terminated
Patent rights are intangible property rights with a limited time limit. When the time limit expires, the rights will be terminated according to law. At the same time, more patent rights may be terminated before expiration because the patentee is unwilling to maintain them or voluntarily gives them up. After the patent rights are terminated, the inventions and creations protected by the patent rights become the wealth of the whole society. Anyone can use it for free.
There are three main situations in which patent rights are terminated:
(1) Termination upon expiration of the term: An invention patent right shall be maintained for 20 years from the date of application, and a utility model or design patent right shall be terminated according to law if it shall be maintained for 10 years from the date of application.
If the patent right expires and is terminated in accordance with the law, the Patent Office shall notify the patentee and register and announce it in the Patent Register and Patent Gazette respectively. After that, the patent application files will be stored in the expired file database management and will be kept for at least another 3 years.
(2) Termination if the annual fee is not paid in accordance with regulations
After the Patent Office issues a payment notice and notifies the patentee to pay the annual fee and late fees for this year, the patentee shall If the patent annual fee has not been paid at the expiration of the overdue period or the annual fee and late fee for the current year have been paid in full, within two months from the expiration of the overdue period, but no earlier than one month at the earliest, the Patent Office shall issue a patent termination notice and notify the patent rights If the patentee has not initiated the restoration procedure or the restoration has not been approved, it shall be registered and announced in the Patent Register and the Patent Gazette respectively four months after the termination notice is issued. Afterwards, the patent application files are stored in the expired file database. The patent expiration date shall be the expiration date of the previous year.
(3) The patentee voluntarily gives up the patent right
The patentee voluntarily contributes his invention and creation to the whole society, and may make a declaration to voluntarily give up the patent right. If the patentee voluntarily gives up the patent right, he should use the form uniformly formulated by the Patent Office to submit a written statement.