Article 42 of the "Patent Law of the People's Republic of China" stipulates: The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years. All are calculated from the date of application.

Article 44 stipulates that if one of the following circumstances occurs, 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.

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.

Extended information:

Article 31 of the "Patent Law of the People's Republic of China" stipulates that an invention or utility model patent application shall be limited to one invention or utility model New type. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.

A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.

Article 45 stipulates that from the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board declare the patent invalid.

Article 46 stipulates that the Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

If you are dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.

Baidu Encyclopedia-Patent Law of the People's Republic of China