According to the reasons for the termination of the patent right, it can be divided into:
(1) Expiration: the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of application. The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. After the expiration, anyone can use it and no longer enjoy protection.
(2) gratuitous termination: when the applicant goes through the registration formalities, he shall pay the patent registration fee, the printing fee for the announcement and the annual fee for the year when the patent right is granted; Failure to pay or pay in full at the expiration of the period shall be deemed as failure to go through the registration formalities.
The patentee shall also pay the annual fee from the year when the patent right is granted, and the Patent Office will issue a notice of payment to inform the applicant to pay the annual fee and late payment fee. If the applicant fails to pay the annual fee and late payment fee in full after receiving the notice, the patent right shall be terminated at the expiration of the previous year.
(3) Automatic termination: the patent cannot be converted into a product, and the patent fee is paid every year, and the patentee chooses to give up the patent right. Where the patentee voluntarily requests to give up his patent right, and the patentee gives up his patent right in writing, and the patent right terminates before the expiration of the time limit, the patent administration department of the State Council shall register and announce it.
The termination of the patent right due to the expiration of the protection period or the abandonment of the patent right by the patentee only shows that the patent right is no longer protected by law, but the legitimacy of the patent right cannot be denied, so all legal relations that occurred before the patent right are valid.
The termination of the patent right does not mean that the patent is no longer practical. The terminated patent is regarded as existing technology, and the rights arising therefrom belong to all mankind. In other words, once the patent right is terminated, anyone can use it for free to develop and sell products, and is no longer restricted by the rights of the original patentee.