What are the circumstances under which patent rights may be terminated before expiration?
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee gives up its patent rights in a written statement.
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
Related Knowledge:
Patents are divided into three types: invention, utility model and design.
Invention patent refers to a new technical solution proposed for a product, method or improvement thereof. Such as the manufacturing method or process of the product, the formula of the material, the formula of the medicine, etc.
Utility model patent refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. For any product structure, shape or combination of structure and shape, apply for a utility model patent.
Invention and utility model patents both mention "new technical solutions". Simply put, they must be creative, more advanced than existing technologies, and better than existing technologies. If the technology is backward, you cannot apply for a patent.
A design patent refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial application. The emphasis here is on "appearance", that is, appearance. For example, handicrafts, packaging boxes, packaging bags, and packaging boxes are all designs. In recent years, this city has applied for a lot of design patents, accounting for 80% of the total number of patent applications.
The protection period for inventions is 20 years, and the protection period for utility models and designs is 10 years. Starting from the date of application.
1. Invention patent - 20 years
2. Utility model - 10 years
3. Appearance design - 10 years
It should be noted that the starting date of the patent protection period is calculated from the date of application, not the date of patent grant.
The above is the editor of Legal Savior Network We have compiled for you the situation of termination before the expiration of patent rights. Any product has a certain period, including intellectual property rights, which will be limited by the period. If you want to know more about it, you can also go to the Legal Savior website. Get legal advice.
