Under what circumstances does the patent right terminate?

1. When the patent right expires, the termination period of the invention patent right is 20 years, and the termination period of the utility model patent right and the design patent right is 10 years, counting from the date of application. When the patent right expires, it shall be registered and announced in the patent register and patent bulletin in time, and the patent application documents shall be transferred to the invalid file library. 2. Termination of the patentee's failure to pay the annual fee in accordance with the regulations. Except that the annual fee for the year when the patent right is granted shall be paid at the same time of registration, the annual fee for the future shall be paid in advance within one month before the expiration of the previous year. The patent year is counted from the date of application, which has nothing to do with the priority date and authorization date, and is not necessarily related to the natural year. For example, the filing date of a patent application is 1 June 1999 1 day, the first year of patent application is 1 June 19991day to May 3, 2000/day, and the second year is1day to 20/day. The annual fee shall be paid in accordance with the amount specified in the fee schedule. For example, the filing date of the patent application is1June 3, 997. If the patent application was granted on August 1 2006 (the date of announcement of patent grant), and the applicant has paid the annual fee for the fifth year when going through the registration formalities, then the patentee shall pay it from May 3 to June 3, 2002. If the patentee fails to pay the annual fee on time (excluding the annual fee of the year when the patent right was granted) or the amount paid is insufficient, it may pay the annual fee within six months from the date of expiration of the annual fee. If the overdue time exceeds the prescribed time limit but is less than one month, no overdue fine will be paid. If the overdue payment time exceeds the specified time by more than one month, the corresponding overdue payment amount shall be paid according to the following calculation method: (1) If the overdue payment time exceeds the specified time by one month (excluding one whole month) to two months (including two whole months), the payment amount shall be 5% of the full annual fee. (2) If the term exceeds two to three months (including three whole months), the payment amount shall be 10% of the annual fee. (3) If the term exceeds three to four months (including four whole months), the payment amount shall be 15% of the annual fee. (4) If the term exceeds four to five months (including five whole months), the payment amount shall be 20% of the annual expenses. (5) If the term exceeds five to six months, the payment amount shall be 25% of the annual expenses. If the annual fee or late fee is insufficient within the six-month overdue period and needs to be paid again, all the annual fee and late fee shall be supplemented according to the late fee standard within the late fee period when the annual fee or late fee is paid again. For example, the payment period of the annual fee of late fee 5 is May 10 to June 10, and the late fee is 45 yuan, but the payer only pays 25 yuan. When the payer pays the late payment fee on June 15, it shall be paid according to the overdue period standard corresponding to the overdue date. The amount of overdue fine for this period is 90 yuan, which should be returned to 65 yuan. The termination of patent right can actually be divided into normal termination and abnormal termination. Where the patent right is terminated due to failure to pay or not paying the annual fee and/or late fee in full, in the recovery procedure, in addition to paying the annual fee, a late fee of 25% of the full annual fee shall be paid or paid. If the annual patent fee is not paid or the annual patent fee or late payment fee is not paid in full, the examiner shall issue a notice of patent termination two months after the expiration of the annual patent fee. Where the patentee fails to start the recovery procedure or the request for recovery of rights is not approved, the Patent Office shall make an announcement in the patent bulletin four months after the termination notice is issued. And transfer the patent application file to the invalid file library. The expiration date of the patent right is the expiration date of the previous year. 3. After the patentee gives up the patent right and grants it, the patentee may voluntarily request to give up the patent right at any time. Where the patentee waives the patent right, it shall submit a declaration of waiver of the patent right, with supporting documents signed or sealed by all patentees agreeing to waive the patent right, or only submit a declaration of waiver of the patent right signed or sealed by all patentees. Where a patent agency is entrusted, the procedures for giving up the patent right shall be handled by the patent agency, with a statement signed or sealed by all applicants agreeing to give up the patent right. No conditions may be attached to the declaration of voluntary waiver of patent right. Abandoning the patent right can only give up all of a patent, and the statement of giving up part of the patent right is regarded as not being put forward. If, after examination, the waiver of the patent right does not meet the requirements, the examiner shall issue a notice as not submitted; In accordance with the provisions, the examiner shall issue a notice of passing the formalities and register and announce the relevant matters in the patent register and patent bulletin respectively. The effective date of patent waiver is the date of issuance of the notice of conformity. The patentee shall not request to cancel the declaration of abandoning the patent right without justifiable reasons. Unless the untrue owner of the patent maliciously requests to give up the patent right, the true owner of the patent right (should provide valid legal documents to prove it) may request to cancel the declaration of giving up the patent right. The termination of patent right can be roughly divided into two situations, namely normal termination and abnormal termination. In addition, it should be noted that if the patent applicant fails to pay the patent certificate fee as required, the patent right may also be terminated. After being granted the patent right, you need to pay the annual patent fee every year. Different types of patents need different annual fees.