Under what circumstances does the patent right terminate?

The patent right for invention shall be 20 years from the date of application, and the patent right for utility model or design shall be 10 years from the date of application, and the patent right shall be terminated according to law when it expires. According to Article 44 of the Patent Law, if the patentee fails to pay the annual fee or gives up the patent right in writing, the patent right shall be terminated before the expiration of the time limit.

legal ground

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:

(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.