What is the Termination of the Patent right
Natural termination: 1. The term of the invention patent right shall be twenty years
2. The term of the patent right for utility model and the patent right for design shall be ten years, counted from the date of filing.
Termination before expiration: (1) Failure to pay the annual fee as required;
(2) Where the patentee renounces his or her patent right by a written declaration.
Where a patent right terminates before its expiration, it shall be registered and announced by the patent administration department under The State Council.
Patent Law of the People's Republic of China
Article 42 The term of patent right for invention shall be twenty years, the term of patent right for utility model and patent right for design shall be ten years, counted from the date of filing.
Article 43 The patentee shall pay an annual fee starting from the year in which the patent right is granted.
Article 44 In any of the following circumstances, the patent right shall terminate before the expiration of its term:
(1) failing to pay the annual fee as required;
(2) Where the patentee renounces his or her patent right by a written declaration.
Where a patent right terminates before its expiration, it shall be registered and announced by the patent administration department under The State Council.
Article 45. Where, from the date of the announcement of the grant of the patent right by the patent administration Department under The State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it may request the Patent Reexamination Board to declare the patent right invalid.
The above is the relevant legal knowledge prepared by Xiaobian for you. If you have any questions, it is recommended that you consult the legal savior Lawyer.
