Legal analysis: after the patent right comes down, the annual fee should still be paid on time every year. According to the relevant provisions of the patent law, the patentee shall pay the annual fee from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations, the patent right shall be terminated before the expiration of the time limit. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs. Patent right refers to the patent right enjoyed by the patentee, that is, the state grants the patentee or his successor the exclusive right to use his invention and creation within a certain period of time, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 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.