How long is the patent protection period
my country's "Patent Law" stipulates that the term of invention patent rights is 20 years. The term of patent rights and design patent rights is 10 years, calculated from the date of application.
Before the TRIPS agreement came into effect, most countries stipulated invention patents The term of the rights varies from 15 to 20 years. In the fields of pharmaceuticals and agricultural chemicals, applicants need to conduct a series of tests and go through a lot of procedures to obtain approval from the competent authorities. They can only be sold after passing the review by the competent authorities.
In addition, the development costs of many drugs, especially biological drugs, are quite high. If the term of patent rights is 15 years, many patentees in these fields will not be able to recover their huge investments, which will inevitably affect their enthusiasm for invention and creation.
In order to encourage inventions and creations of patentees, in 1992 When my country revised the Patent Law, the term of invention patent rights was extended from the original 15 years to 20 years, and the term of utility models and designs was extended from the original 8 years (including 3 years for renewal) to 10 years. The TRIPS Agreement stipulates that the protection periods for invention patents and industrial designs are as follows:Not less than 20 years and not less than 10 years from the date of filing the application.
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