[Legal basis]
Article 42 of the Patent Law of People's Republic of China (PRC)
The term of the invention patent is 20 years, the utility model is 10 year, and the design is 15 year, all counting from the date of filing.
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.