How long is the term of Patent protection?
Patents are divided into inventions, utility models and There are three appearance designs. The protection period for inventions is 20 years, and the protection period for utility models and designs is 10 years. Starting from the date of application.
1. Invention patent - 20 years
2. Practicality New type - 10 years
3. Appearance design - 10 years
Invention patent refers to New technical solutions proposed for products, methods or their improvements. Such as the manufacturing method or process of the product, the formula of the material, the formula of the medicine, etc.
Utility model patent refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. For any product structure, shape or combination of structure and shape, apply for a utility model patent.
Invention and utility model patents both mention "new technical solutions". Simply put, they must be creative, more advanced than existing technologies, and better than existing technologies. If the technology is backward, you cannot apply for a patent.
A design patent refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial application. The emphasis here is on "appearance", that is, appearance. For example, handicrafts, packaging boxes, packaging bags, and packaging boxes are all designs. In recent years, this city has applied for a lot of design patents, accounting for 80% of the total number of patent applications.
It should be noted that the starting date of the patent protection period is calculated from the filing date, not the patent grant date.
Patent termination situation:
1. Expiration of the protection period;
2. Failure to pay the annual fee as required;
3. The patentee has given up its patent rights in a written statement.
"Patent Law"
Article 42 The term of invention patent rights is twenty In 2017, the term of utility model patent rights and design patent rights is ten years, calculated from the date of application.
The above is the relevant legal knowledge prepared by the editor for you. If you still have questions, it is recommended that you consult a professional lawyer on the Legal Savior Network.