Circumstances of termination:
According to the provisions of Article 44 of the Patent Law, in any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(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).
China patents can be divided into three categories, with different service life:
(1) invention
An invention refers to a new technical scheme proposed for a product, method or its improvement. The legal protection period is 20 years.
(2) utility model
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The legal protection period is 10 year.
(3) Design
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The legal protection period is 10 year.
Extended data:
According to the provisions of China's patent law, the patent right is "calculated from the date of filing". However, it does not mean that the patentee enjoys the exclusive right of implementation from the date of application. According to Article 8 of the Patent Law, a patent application shall be examined and approved, and the patent right shall be granted by the Patent Office before it can be formally produced. Only the patentee can prohibit others from doing so without his permission.
Manufacturing, using, selling, importing its patented products or using its patented methods for production and business purposes. As far as the invention patent is concerned, because the invention content has been made public before the authorization decision is made (from the date of application 18 months), the competitor of the applicant may know what is required to be protected in the patent application, which poses a threat to the interests of the patentee.
Therefore, Article 13 of the Patent Law stipulates: "After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee." Article 77 of the Detailed Rules for the Implementation of the Patent Law stipulates: "If an agency uses an invention after the publication of an application for a patent for invention, but fails to pay an appropriate fee before being granted a patent right, it may also directly bring a suit in a people's court and request the people's court for mediation."
According to China's Patent Law (1984), the system of preliminary examination plus objection is implemented for utility models and designs, and the objection system for patent applications is abolished in the amendment to the Patent Law (1992), and the date when the Patent Office makes the examination decision is the date of patent authorization.
Baidu Encyclopedia-Patent Law