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 analysis: the term of invention patent right is 20 years. 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.