The termination of patent right can be divided into normal termination and abnormal termination.
According to the provisions of China's patent law, the reasons that can lead to the termination of the patent right are:
(a) the patent right is terminated due to the expiration of the time limit;
(2) The patent right is terminated due to failure to pay the patent certificate fee;
(3) The patentee fails to pay the annual fee as required, and the patent right is terminated;
(4) The patentee gives up his life in writing and the patent right is terminated.
After the termination of the patent right, the inventions protected by the patent right will become the common wealth of the whole society, and anyone can use them freely and free of charge.
Second, what are the circumstances of the termination of the patent right?
Patent right is a kind of intangible property right with a time limit. At the expiration of the time limit, the rights shall be terminated according to law. At the same time, more patent rights may be terminated before the expiration of the time limit because the patentee is unwilling to maintain or voluntarily give up. After the termination of the patent right, the inventions protected by the patent right will become the wealth of the whole society. Anyone can use it for free.
There are three main situations for the termination of patent right.
(1) Termination upon expiration of the time limit The patent right for invention shall be maintained for 20 years from the date of application, and the patent right for utility model or design shall be maintained for 10 years from the date of application, and shall be terminated according to law.
Where the patent right expires and is terminated according to law, the Patent Office shall notify the patentee and register and announce it in the patent register and patent announcement respectively. After that, the patent application documents will be stored in the invalid file database for management and kept for at least another 3 years.
(two) the termination of the annual fee is not paid in accordance with the provisions.
If the patentee fails to pay or fails to pay the annual fee and late fee for this year after the patent office has issued a notice of payment, the patent office shall issue a notice of patent termination within two months, not earlier than one month, informing the patentee that if 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 bulletin respectively four months after the termination notice is issued. After that, the patent application file is stored in the invalid file database. The patent termination date shall be the last year's deadline.
(3) The patentee voluntarily renounces the patent right.
The patentee voluntarily contributes his invention and creation to the whole society, and may voluntarily give up his patent right through a declaration. Where the patentee voluntarily renounces the patent right, it shall make a written statement in the format uniformly formulated by the Patent Office.