How long is the patent right valid?
In principle, the patent right is The validity term is: the term of invention patent right is twenty years; the term of utility model patent right and design patent right is ten years; both are calculated from the date of application.
Relevant laws and regulations
The protection of patent rights is mainly aimed at is patent infringement. Our country has special and detailed regulations on the protection of patent rights in the "Patent Law of the People's Republic of China" and the "Implementing Rules of the Patent Law of the People's Republic of China". The legal protection for patent infringement is as follows:
1. Limitation of action for patent infringement
Patent infringement The statute of limitations for patent infringement is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement.
If appropriate royalties are not paid for using the invention between the publication of the invention patent application and the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is two years. , is calculated from the date when the patentee knows or should know that others are using the invention. However, if the patentee has known or should have known before the date of grant of patent right, it shall be calculated from the date of grant of patent right.
2. Legal consequences of patent infringement
According to the provisions of the Patent Law and the Implementing Rules of the Patent Law, the legal consequences that actors who infringe patent rights should bear include administrative liability, civil liability, criminal liability, etc.
HereIt is important to note that there is content about mediation. According to the provisions of relevant laws and regulations, the patent management department may conduct mediation work at the request of the parties. The content of mediation includes two points:
(1) Mediation can be conducted on the amount of compensation for patent infringement;
(2) Some patent disputes can be mediated, specifically: disputes over patent application rights and ownership of patent rights; disputes over the qualifications of inventors and designers; disputes over rewards and remuneration for inventors and designers of service-based inventions and creations ; Disputes over using an invention after the invention patent application is published and before the patent right is granted without paying appropriate fees; other patent disputes.
If you still have questions, you are welcome to consult our lawyers, and we will have professionals to answer your questions.