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).