What are the legal provisions on the duration of patent right?

The Law on the Duration of Patent Rights stipulates that the protection period of invention patent right is 20 years, that of utility model patent right is 10 year, and that of design patent right is 15 year. The expired patent right will be terminated, and it is generally impossible to renew the patent.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC)

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.

Article 43 of the Patent Law of People's Republic of China (PRC)

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44 of the Patent Law of People's Republic of China (PRC)

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.