Legal analysis
During the period of patent protection, the patentee is required to pay the annual fee within the specified time every year, otherwise the protection of the patent right can be suspended, which all patentees need to pay special attention to. If you miss the time to pay the annual fee, it is very likely that your patent will be made public, and others can use your patent at will, which may bring immeasurable losses.
There are also matters that are not protected by patents: 1, scientific discovery. Scientific discovery is a kind of intellectual property, but pure scientific discovery cannot be protected by patent. If it is found to be applicable, the product or method can be patented. 2. Rules and methods of intellectual activities. Diagnosis and treatment of diseases. The methods of disease diagnosis and treatment mentioned here refer to the methods of inspection, preservation or treatment of dead human or animal bodies and tissues or liquids separated from living human or animal bodies, such as antisepsis, specimen preparation, blood treatment and analysis. You can apply for a patent. 4. Animal and plant varieties. Animal and plant varieties are living things and products of nature, and are generally considered not to be human inventions. At the same time, the cultivation of animal and plant varieties is greatly influenced by natural conditions and is not suitable for patent protection. It should be noted that the production methods of microbial varieties and animal and plant varieties can be protected by patents. 5. Substances obtained by nuclear transformation. The substances obtained by nuclear transformation mainly refer to various radioactive isotopes produced by nuclear reaction devices such as accelerators and reactors.
legal ground
patent law of the people's republic of china
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.
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:
(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.