The term of patent right refers to the legal term and termination time of patent right. If the patent right has not been terminated for other reasons since the announcement of the authorization of the patent right, the patent right shall be terminated on the expiration of the patent right period. According to the provisions of the patent law, the term of invention patent is 20 years; The term of utility model patent and design patent is 10 year, counting from the date of application.
Article 44 of the Patent Law stipulates that the patent right shall be terminated before the expiration of the time limit under any of the following circumstances:
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 term, it shall be registered and announced by the patent administration department of the State Council (China National Intellectual Property Administration).
Legal basis: Article 11 of the Patent Law of People's Republic of China (PRC).
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.