Legal analysis: According to the first paragraph of Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application. Article 44 of the Patent Law of People's Republic of China (PRC) stipulates that the patent right shall be terminated before the expiration of the time limit under any of the following circumstances: (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.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(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.