The termination of patent right refers to the extinction of the legal effect of patent right. After the termination of the patent right, the invention will become the wealth of society, and any unit or individual can use it for free. The patent protection period has expired or the patent has expired for some reason. There are mainly the following situations: (1) Failure to pay the annual fee as required; (2) The patentee waives the patent right in writing; (3) When the patent right expires, the patent right will be terminated. If the annual patent fee has not been paid or the annual patent fee and late payment fee have been paid in full, a notice of patent termination shall be issued within two months from the date of expiration of the annual patent fee, which shall not be earlier than 1 month, and the patentee shall be notified. Where the patentee fails to start the recovery procedure or the recovery is not approved, it shall register and announce it in the patent register and patent announcement respectively four months after the termination notice is issued. After that, the patent application file is stored in the invalid file database. The expiration date of the patent right is the expiration date of the previous year.
legal ground
Article 44 of the Patent Law of People's Republic of China (PRC)
In any of the following circumstances, the patent right shall be terminated 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.