1. How long is the term of an invention patent?
1. Invention patent The term of the patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated. Before the expiration of the patent right, the patentee may give up the patent right in writing.
2. Legal basis:
(1) "Patent Law of the People's Republic of China" Article 42 stipulates that the term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
(2) Article 43 of the "Patent Law of the People's Republic of China" stipulates that the patentee shall pay annual fees starting from the year when the patent right is granted.
(3) Article 44 of the "Patent Law of the People's Republic of China" stipulates that under any of the following circumstances, the patent right shall be terminated before the expiration of the term:;
(1) Failure to pay annual fees in accordance with regulations;
(2) Patent rights A person has given up his 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.
2. How long is the protection period of an invention patent?
In my country, different types of inventions have different protection periods. The term of invention patents is 20 years; the term of utility model patents and design patents is 10 years, both calculated from the date of application. Although the term of patent rights stipulated in Article 42 of the Patent Law is calculated from the date of application, this is only the period of patent rights.The starting point for calculating the term does not mean that the patent right is valid from the filing date. According to the provisions of the Patent Law, patent rights are effective from the date of authorization announcement. Since a patent application must be reviewed by the Patent Office before it is possible to obtain patent rights, it takes a certain amount of time from the date of application to the Patent Office’s announcement of authorization of the patent application. In this way, the effective period during which the patentee of an invention patent can actually obtain legal protection. It must be less than 20 years, and the effective period of legal protection that the patentee of utility model and design patents can actually obtain must be less than 10 years. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
