1. 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.
When the patent right expires, it shall be registered and announced in the patent register and patent bulletin in time, and the patent application documents shall be transferred to the invalid file library.
Termination of the patentee's failure to pay the annual fee as required.
2. If the annual patent fee is not paid or the annual patent fee or late payment fee is not paid in full, the examiner shall issue a notice of patent termination two months after the expiration of the annual patent fee. Where the patentee fails to start the recovery procedure or the request for recovery of rights is not approved, the Patent Office shall make an announcement in the patent bulletin four months after the termination notice is issued. And transfer the patent application file to the invalid file library.
The expiration date of the patent right is the expiration date of the previous year.
3. The patentee waives the patent right.
After the patent right is granted, the patentee may voluntarily request to give up the patent right at any time. Where the patentee abandons the patent right, it shall submit a declaration of abandonment of the patent right, with supporting materials signed or sealed by all patentees agreeing to abandon the patent right, or only submit a declaration of abandonment of the patent right signed or sealed by all patentees. Where a patent agency is entrusted, the procedures for giving up the patent right shall be handled by the patent agency, and all applicants shall sign or seal a statement agreeing to give up the patent right. No conditions may be attached to the declaration of voluntary waiver of patent right. Abandoning the patent right can only give up all of a patent, and the statement of giving up part of the patent right is regarded as not being put forward.
If, after examination, the waiver of the patent right does not meet the requirements, the examiner shall issue a notice as not submitted; In accordance with the provisions, the examiner shall issue a notice of passing the formalities and register and announce the relevant matters in the patent register and patent bulletin respectively. The effective date of patent waiver is the date of issuance of the notice of conformity. The patentee shall not request to cancel the declaration of abandoning the patent right without justifiable reasons. Unless the untrue owner of the patent maliciously requests to give up the patent right, the true owner of the patent right (should provide valid legal documents to prove it) may request to cancel the declaration of giving up the patent right.
The declaration of waiver of patent right involving the first paragraph of Article 13 of the Detailed Rules for the Implementation of the Patent Law shall be made from the date of filing. After receiving the waiver of the patent right, the Patent Office shall register and announce it, and the effective date of the waiver of the patent right shall be the application date of the abandoned patent.
Two, 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.
The termination of the patent right shall be registered and announced by the Patent Office.