Can the patent right be renewed?

Generally speaking, the patent right cannot be renewed. The protection period of the invention patent right is 20 years, the utility model patent right is 10 years and the design patent right is 15 years. In order to encourage invention-creation and promote the application of invention-creation, the patent right shall not be renewed after its expiration.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC)

The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.

Article 43 of the Patent Law of People's Republic of China (PRC)

The patentee shall pay the annual fee from the year when the patent right is granted.

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:

(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.