Term of invention patent right

Legal analysis: natural termination period: the term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, all of which are counted from the date of application. Termination before the expiration of the time limit: (1) Failing to pay the annual fee as required; (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.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, 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.

Article 45 From the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.