Termination of Rights
The patent and utility model represent the private property of the right holder, and therefore the responsibility to maintain these rights in value, and to monitor possible infringements on the market and take appropriate legal action to prevent infringement is a matter for the right holder himself.
Termination of protection:
- Upon expiration of the patent;
A patent lasts for 20 years from the date of filing the application, a consensual patent lasts for 10 years from the day of filing the application.
- Upon expiration of the utility model;
A utility model lasts for 10 years from the date of filing the application.
- Upon termination of maintaining the rights;
The holder of the patent or utility model should take into account the deadlines for settling the costs of annual maintenance of rights in value and pay the appropriate costs before the expiration of these deadlines. Maintenance costs can be covered within an additional period of six months, but then with the payment of double the amount of costs.
- By waiver;
The holder of a patent or utility model may, on the basis of a written statement, at any time during the term of protection waive his right in whole or in part.
- By annulment;
A patent that has not been granted in accordance with legal provisions may be revoked in a special procedure, which is initiated at the proposal of any natural or legal person or state attorney.
The utility model may also be revoked in a special procedure, which is initiated at the proposal of any natural or legal person or state attorney.