The termination of patent right means that the statutory patent right is extinguished by itself due to the expiration of the term, or the protection period is not expired, but it is extinguished because the obligee fails to fulfill the obligation of paying the annual fee reasonably within a certain period of time. The main difference between the termination of patent right and the invalidation of patent right is that the terminated patent right itself belongs to the patent legally obtained in accordance with the substantive requirements of patent application, and the purpose of termination is only to save costs or for the purpose of social welfare, which makes the termination itself effective only in the future and has no retrospective effect of "error correction"; The invalid patent is in an error state because it does not meet the authorization requirements, so the purpose of invalidation is to "correct", so it is given retrospective effect by the patent law. Patent right is a kind of intangible property right with a time limit. At the expiration of the time limit, this right 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. When the term of 1. expires, the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right 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, register it in the patent register and publish it in the patent gazette. The holder of the patent application document failed to manage the document database and keep it for at least 3 years. 2. The Patent Office fails to pay the annual fee and issue a notice of payment in accordance with the regulations, informing the patentee to pay the annual fee and late payment fee for this year. If the patentee fails to pay or fails to pay the annual fee and late payment fee for this year at the expiration of the patent annual fee, the patent right shall be terminated at the expiration of the previous year. Where the patent right is terminated due to failure to pay the annual fee as required, it shall be registered in the patent register and announced in the patent gazette within two months after the expiration, and the Patent Office will not notify the patentee separately. Where the patent right is terminated due to failure to pay the annual patent fee, except for the termination of the patent right due to delayed payment due to force majeure, the procedures for restoring the right shall not be handled in accordance with the provisions of the second paragraph of Article 7 of the Detailed Rules for the Implementation of the Patent Law. 3. Voluntary waiver of the patent right The patentee may voluntarily give up the patent right by making contributions to the whole society. Where the patent right is waived, a declaration of waiver of patent right shall be written in the format uniformly formulated by the Patent Office. Abandonment of patent right only allows the abandonment of all patents, not some patents. When a patent has more than two patentees, the abandonment of the patent right shall obtain the consent of all patentees and sign a statement or other documents. Where one or part of two or more patentees request to give up the patent right, the patentee shall be changed through the procedures for changing the description items. After the declaration of giving up the patent right is approved, the Patent Office will register it in the patent register and make an announcement in the patent bulletin. The sound will take effect after registration and announcement.
Legal objectivity:
patent law of the people's republic of china
Article 42
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
patent law of the people's republic of china
Article 43
The patentee shall pay the annual fee from the year when the patent right is granted.
patent law of the people's republic of china
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.