The circumstances for early termination of patent rights are:
1. The patentee submits a written request to the patent administration department to waive the patent right;
2. The patentee fails to pay the annual fee as required;
3. Other circumstances.
Legal Basis
Article 42 of the Patent Law of the People's Republic of China
The term of invention patent rights is twenty years. The term of a new type patent right is ten years, and the term of a design patent right is fifteen years, both calculated from the date of application.
Article 43
The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44
Patent rights shall be terminated before expiration in any of the following circumstances:
(1) Failure to pay annual fees as required
(2) The patentee has given up its patent rights 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.