Legal analysis: The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application. The patent right shall be terminated before the expiration of the term in any of the following circumstances: (1) Failure to pay the annual fee as required; (2) The patentee gives up his patent right in a written statement. If 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.
Legal basis: Article 42 of the "Patent Law of the People's Republic of China" states that the term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is The period is fifteen years, calculated from the date of application. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent, except for unreasonable delays caused by the applicant. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council will provide patent period compensation at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years. Article 44 The patent right shall be terminated before the expiration of the term in any of the following circumstances: (1) Failure to pay the annual fee as required; (2) The patentee gives up his patent right in a written statement. If 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.