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Chinese Patent Law-Duration, Termination and Invalidation of Patent Rights
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Release time:2016-07-19
Chapter V Duration, Termination and Invalidation of Patent Rights
Article 42 The term of the patent right for inventions shall be twenty years, and the term of the patent right for utility models and the patent right for designs shall be ten years, counting 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 Under any of the following circumstances, the patent right shall terminate before the expiration of its term:
(I) fails to pay the annual fee in accordance with the regulations;
Where the (II) patentee renounces its patent right by a written declaration.
Where a patent right terminates before the expiration of its term, it shall be registered and announced by the patent administration department under the State Council.
Article 45 If, starting from the date of the announcement of the grant of the patent right by the administrative department for patent under the State Council, any unit or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.
Article 46 The Patent Re-examination Board shall promptly examine the request for invalidation of a patent right, make a decision and notify the person who made the request and the patentee. The decision declaring the patent right invalid shall be registered and announced by the patent administration department under the State Council.
If an applicant is not satisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right, he may, within three months from the date of receipt of the notification, bring a suit in a people's court. The people's court shall notify the other party in the proceeding of the request for invalidation to participate in the proceedings as a third party.
Article 47 A patent right that has been declared invalid shall be deemed to be non-existent from the beginning.
The decision to declare the patent right invalid shall not have retroactive effect on the judgment and mediation statement of patent infringement made and executed by the people's court before the patent right is declared invalid, the decision on the handling of patent infringement disputes that have been performed or enforced, and the patent implementation license contract and the patent right transfer contract that have been performed. However, the damage caused to others in bad faith on the part of the patentee shall be compensated.
In accordance with the provisions of the preceding paragraph, if the patent infringement compensation, patent royalties, or patent transfer fees are not returned, which clearly violates the principle of fairness, it shall be returned in whole or in part.
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