1, automatic logout. Both parties can cancel the annual fee automatically by suspending the payment;
2. Take the initiative to cancel. The parties concerned may submit a written application for cancellation to the patent administration authority to apply for cancellation of the patent right.
legal ground
Article 42 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both 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.