China patent protection period

The term of protection for invention patents is twenty years, and the term of utility model patents and design patents is ten years. If the patent fees are not paid as required or the patent is waived in writing, the protection period will be terminated early. Regarding the issue of patent protection period in China, the editor of Legal Savior Network will give you a detailed answer below.

1. China patent protection period

1. The invention patent protection period is Twenty years, the term of utility model patent and design patent is ten years. If the patent fee is not paid as required or the patent is waived in writing, the protection period will be terminated early. The term of utility model Patent rights and design patent rights is ten years, both calculated from the date of application.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 42, the protection period of invention patent rights is twenty years, utility model patent rights and appearance design The term of patent rights is ten years, calculated from the date of application.

Article 43, the patentee shall pay annual fees starting from the year when the patent right is granted.

Article 44, if any 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 has given up its patent rights in a written statement.

Two and three patent protection periods

Any patent applied for has a protection period, and this protection period There is a time limit. According to my country's Patent Law, inventions and creations include three categories, namely inventions, utility models and designs. Among them, inventionThe term of protection for intellectual property rights is 20 years, and the term for utility model patent rights and design patent rights is 10 years. All are calculated from the date of application. This shows that once an invention is patented, it can only obtain legal protection for a maximum of 20 years. Beyond this period, your inventions and technological innovations will be placed in the public domain and contributed to society free of charge. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.