Termination of patent rights

The patent right is a kind of intangible property rights with a time limit. When the time limit expires, the rights are terminated according to law. At the same time, more patent rights may be terminated before the expiry of the term because the patent owner is unwilling to maintain it or voluntarily renounces it. After the patent right expires, the invention-creation protected by the patent right becomes the wealth of the entire society. Anyone can use it for free. There are mainly three kinds of situations in which patents are terminated.

1. The expiration of the term expires The patent right for the invention expires 20 years from the date of filing, and the patent right for a utility model or design expires 10 years from the date of application, and is terminated according to law.

Where the period for which the patent expires expires in accordance with the law, the Patent Office shall notify the patentee, register it in the patent register, and make an announcement in the patent gazette. The patent application file is stored in the roll-out bank management and is kept for a minimum of 3 years.

2. Failure to pay annual fees as required

The Patent Office issues a notice of payment to inform the patentee that after paying the annual fee and late payment fee of the current year, the patentee has not paid the annual fee and late fees for the current year after the expiration of the annual fee for the patent, and the patent right is the last one. The end of the year expires. If the patent for the annual fee is not terminated in accordance with the regulations, it shall be registered in the patent register within two months after the expiration of the period of lateness and be announced in the patent gazette. The Patent Office shall not notify the patentee any further.

If the patent right ceases to be due to the non-payment of the patent annual fee, the formalities for restoration of rights may not be handled according to the second paragraph of Article 7 of the Implementing Regulations of the Patent Law, except for the termination of the patent right due to force majeure and payment of fees.

3. Take the initiative to give up the patent

Patent owners voluntarily contribute their inventions and creations to the entire society and can make a statement to voluntarily relinquish their patent rights. In case of abandonment of a patent right, a patent declaration shall be waived in writing using a form formulated by the Patent Office.

The waiver of patent rights only allowed the waiver of all patent rights and did not allow partial patent rights to be waived. Where there are more than two patentees in a patent, the waiver of the patent right shall be subject to the consent of all patentees and be signed on the statement or other documents. If one or some of the patentees of two or more patentees request to abandon the patent right, they shall change the formalities for the description of the entry and change the patentee.

After the declaration of abandonment of the patent right is approved, the Patent Office will register on the Patent Register and make a public announcement on the Patent Gazette. This statement takes effect after registration and announcement.