Legal analysis: patent maintenance refers to the process that the patentee pays a specified amount of maintenance fee to the patent management department in accordance with the law during the legal protection period of the patent to keep the patent valid. Patent maintenance time refers to the actual time from the date of application or authorization to the date of invalidation, termination, revocation or expiration of the patent. Patent laws in different countries or regions have different starting times for patent maintenance, some from the date of filing, some from the date of authorization, and the time for patent maintenance in China is from the date of patent application. The functions of patent maintenance are as follows: firstly, the patent maintenance time is one of the key indicators to evaluate the advantages and disadvantages of patent maintenance system and reflect the performance of patent system. Secondly, the patent maintenance time reflects the patent application and management ability of the innovation subject. Thirdly, the patent maintenance time reflects the technological innovation ability of a country or region.
Legal basis: Article 44 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances: (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 time limit, it shall be registered and announced by the patent administration department of the State Council.