Can I use the patent right to terminate?

After the termination of the patent right, others can use it. The termination of the patent right refers to the termination of the patentee's exclusive right to the patent, and the law no longer gives the patentee special protection; The public can use it, learn from it and promote scientific and technological progress and economic and social development.

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.