What should I do when the patent application period expires?

The way to apply for a patent at the expiration of the time limit: you should apply for the termination of the patent, and the patent right is terminated, and you may not apply for the renewal right. According to relevant laws and regulations, the term of patent right for design is fifteen years, for utility model it is ten years, and for invention it is twenty years. Moreover, the aforementioned patent shall expire at the expiration of the time limit and shall not be extended.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC)

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.

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.