1, when the patent expires, the protection shall be terminated according to law;
2. If the payment is terminated without payment, if the applicant fails to pay or fails to pay the annual fee and late payment fee in full, the patent right shall be terminated from the date of expiration of the previous year.
Patent expiration remedy scheme
1, 1 month overdue
If the patentee fails to pay the annual fee within the time limit or fails to pay it in full, there will be a delay period of 1 month. During the extension period, the annual fee will be paid in time, and there is no need to pay extra late fees.
2, overdue for 2~6 months
Those who fail to pay the annual patent fee for more than 1 month will receive a notice of payment issued by the patent administration department, which will carefully list all the fees that the patentee should pay, including the annual fee and late payment fee.
As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively.
3. More than 6 months
If the annual patent fee is not paid for more than 6 months, the patent termination notice will be received, but the patentee can still keep his patent right.
At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then submit an application for right restoration.
4, overdue ignore, completely lose the patent right.
In particular, it means that the patent right has not been restored within 2 months after receiving the notice of termination of the patent right and the relevant fees have not been paid. Under normal circumstances, the patent right is completely terminated and cannot be restored, so it can be used by the whole people.
5. completely lose the patent right.
Generally speaking, after the protection period of invention patents, utility model patents and design patents expires, in fact, many of them no longer have the novelty required by patents, and the loss of patent rights can only be saved by re-applying for patents.
In short, after the loss of the patent right, as long as the application is re-submitted on the basis of the original technical scheme and the new or improved technical scheme, the patent protection can be successfully obtained after being authorized.
Legal basis:
patent law of the people's republic of china
Article 42
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention 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, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.
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.