1. Situations in which the patent term expires
1. Failure to comply with regulations Pay annual fee.
After the Patent Office issues a payment notice, notifying the patentee to pay the annual fee and late payment fee for this year, the patentee still has to pay the annual fee and late payment fee after the expiration of the late payment period. If the annual fee and late payment fee for the current year are not paid or paid in full, within two months from the expiration of the late payment period, but no earlier than one month at the earliest, the Patent Office will issue a patent termination notice and notify the patentee that the patentee has not initiated restoration. If the procedure or restoration is not approved, it shall be registered and announced in the Patent Register and the Patent Gazette respectively four months after the issuance of the notice of termination. Afterwards, the patent application files are stored in the expired file database.
2. The patentee waives the Patent right in a written statement.
Patent owners voluntarily contribute their inventions and creations to the whole society, and can make a statement to voluntarily give up their patent rights. If the patentee voluntarily gives up the patent right, he should use the form uniformly formulated by the Patent Office to submit a written statement.
3. When the patent right expires, the patent right will be terminated.
Invention patent rights shall be maintained for 20 years from the date of application, and utility model or design patent rights shall be maintained for 10 years from the date of application and shall be terminated in accordance with the law.
4. Legal basis: Article 55 of the Patent Law of the People's Republic of China, the decision to grant a compulsory license made by the patent administration department of the State Council shall be made in a timely manner Notify the patentee, register and announce it.
The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department under the State Council shall make a decision to terminate the compulsory license upon review at the request of the patentee.
2. How long is the validity period of the patent right
In principle, the validity term of patent rights is: the term of invention patent rights is twenty years; the term of utility model patent rights and design patent rights is The period is ten years; all are calculated from the date of application.
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