How is the protection time of invention patent rights calculated
The term of invention patent rights is twenty years. The term of new type patent rights and design patent rights is ten years, calculated from the date of application.
"Patent Law"
Article 42 The term of invention patent rights is twenty years. The term of new type patent rights and design patent rights is ten years, calculated from the date of application.
Article 43 The patentee shall Annual fees are payable starting from the year the patent right is granted.
"Patent Law"Article 44 Under any of the following circumstances, the patent right shall be terminated before the expiration of the term: span>
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee waives its rights in writing Patented.
If the patent right is terminated before the expiration of the term, the Registration and announcement by the Patent Administration Department of the State Council.
Article 45 From the Patent Administration Department of the State Council From the date of announcement of 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 to declare the patent right invalid.
Article 46 Declaration by the Patent Reexamination Board A request to invalidate a patent right shall be reviewed and decided in a timely manner, and the requestor and patentee shall be notified. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
Declaring the patent right invalid or maintaining it by the Patent Reexamination Board If you are dissatisfied with the decision on patent rights, 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.
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