Under what circumstances does the patent right terminate?
There are three situations in which the patent right can be terminated: 1, the invention patent right will be terminated at the expiration of 20 years from the date of application, and the utility model or design patent right will be terminated at the expiration of 10 years from the date of application. Where the patent right expires and is terminated according to law, the Patent Office shall notify the patentee and register and announce it in the patent register and patent bulletin respectively. After that, the patent application documents will be stored in the invalid file database for management and kept for at least another 3 years. 2. If the Patent Office fails to pay the annual fee and issue a notice of payment to inform the patentee to pay the annual fee and late payment fee for this year, and the patentee fails to pay or fails to pay the annual fee and late payment fee in full after the expiration of the annual fee, the Patent Office shall issue a notice of patent termination within two months, not earlier than one month. If it informs the patentee that the recovery procedure has not been started or the recovery has not been approved since the expiration of the late payment fee, it shall be stated in the patent register and the patent register within four months after the termination notice is issued. After that, the patent application file is stored in the invalid file database. The patent termination date shall be the last year's deadline. 3. The patentee voluntarily waives the patent right. The patentee may voluntarily give up his patent right if he voluntarily contributes his invention to the whole society. Where the patentee voluntarily renounces the patent right, it shall make a written statement in the format uniformly formulated by the Patent Office. Abandonment of patent right only allows the abandonment of all patents, not some patents. The statement of giving up part of the patent right is deemed not to have been made. After the patentee is not the real owner and maliciously requests to give up the patent right, the real owner of the patent right (who must provide valid legal documents to prove it) may request to cancel the declaration. When abandoning a patent with two or more patentees, all patentees shall agree and sign a statement or other documents. Where one or part of two or more patentees request to give up the patent right, the patentee shall be changed through the procedures for changing the description items. After the declaration of giving up the patent right is approved, the Patent Office will register and announce relevant matters in the patent register and patent bulletin. This statement shall take effect as of the date of registration and announcement. According to China's patent law and its detailed rules and examination guidelines, if the annual fee is not paid on time, the patent right will be deemed to be abandoned and terminated. Under normal circumstances, if you put forward a request to restore the patent right within two months after receiving the notice of patent termination and explain the reasons, you can restore the patent right. It is generally difficult to restore the patent right beyond this time limit.