Under what circumstances does the 2023 Patent Law stipulate early termination of patent rights?

If the annual fee is not paid in accordance with regulations; if the patentee gives up his patent rights in a written statement, the patent rights will be terminated before the expiration of the validity period. If 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. Regarding the question of the circumstances under which patent rights are terminated early under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. The Patent Law stipulates the circumstances under which patent rights may be terminated early

1. In any of the following circumstances, the patent right shall be terminated before the expiration of the term:

(1) Failure to pay annual fees in accordance with regulations;

(2) The patentee gives up its patent rights in a written statement.

2. Legal basis: Article 44 of the "Patent Law of the People's Republic of China"

2. What are the consequences after the patent right is terminated

Patent owners voluntarily contribute their inventions and creations to society as a whole, and can make a declaration 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.

Relinquishing patent rights only allows the relinquishment of all patent rights, but does not allow the relinquishment of part of the patent rights. A statement waiving part of the patent rights is deemed not to have been made. If the patentee is not the real owner, and after a malicious request is made to give up the patent right, the real owner of the patent right (must provide valid legal documents to prove it) can request to withdraw the declaration.

When abandoning a patent with more than two patentees, all patentees must agree and sign a statement or other documents. . If one or some of the two or more patentees request to give up the patent right, the patentee shall be changed by going through the procedures for changing the bibliographic items.

After the declaration of disclaimer of patent rights that meets the regulations is approved, the Patent Office will register and announce the relevant matters in the Patent Register and the Patent Gazette. This statement becomes effective upon registration and announcement.

According to the provisions of the Patent Law, if the annual fee is not paid as required; if the patentee gives up his patent right in a written statement, the patent right shall be terminated before the expiration of the validity period. The patent right shall be terminated before the expiration date. If terminated before expiration, it shall be registered and announced by the Patent Administration Department of the State Council. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer on the Legal Savior Network.