According to Article 42 of the Patent Law, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, both of which are counted from the date of filing.
According to Article 43 of the Patent Law, the patentee shall pay the annual fee from the year when the patent right is granted.
According to the provisions of Article 44 of the Patent Law, in any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
1. Failing to pay the annual fee as required;
2. The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council. According to the provisions of Article 45 of the Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right.
Patented technology is required to be used within a certain period of time and cannot be renewed after expiration, which is reasonable. If the patented technology can be used all the time, it is obviously not conducive to the innovative development of patented technology, hindering people's innovative consciousness, and at the same time, it will also cause the situation that individuals monopolize patents for a long time. Only by constantly eliminating old technologies and developing new technologies can we obtain new patents. Therefore, the term of the patent right cannot be extended.
Patent is an intangible asset. Inventors can resell patents to obtain funds and convert intangible assets into cash. The state protects the inventor's patent right. Without the consent of the patentee, no individual or company may infringe upon or use the patent achievements. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop service for enterprises, helping you to quickly establish an enterprise foundation and enhance your business during the enterprise development period. For details, please visit//.