How long is the protection period of an invention patent?
Applying for a patent means that the protection period of the invention is limited. According to my country's Patent Law, inventions and creations include three categories, namely inventions, utility models and designs. The protection period of invention patent rights is 20 years, and the protection period of utility model patent rights and design patent rights is 10 years. This shows that once an invention is patented, it can only obtain legal protection for a maximum of 20 years. Beyond this period, your inventions and technological innovations will be placed in the public domain and contributed to society free of charge.
After the invention is announced, many people will develop new inventions based on your technology. Although for the entire society, this marks the progress of social productivity, for individual enterprises, losses are inevitable. Because although your inventions and creations are still protected by law, they are already at a disadvantage compared with newer technologies, and your economic interests will be difficult to guarantee.
If the following circumstances occur, the patent right shall be terminated:
1. Failure to pay the annual fee as required fee
After the Patent Office issues a payment notice, notifying the patentee to pay the annual fee and late payment fee for this year, the patentee shall still pay the annual fee and late payment fee after the expiration of the late payment period. If the annual fee and late payment fee for the current year are not paid or paid in full, within two months from the expiration of the late payment period, but no earlier than one month at the earliest, the Patent Office will issue a patent termination notice and notify the patentee that the patentee has not initiated restoration. If the procedure or restoration is not approved, it shall be registered and announced in the Patent Register and the Patent Gazette respectively four months after the issuance of the notice of termination. Afterwards, the patent application files are stored in the expired file database. The patent expiration date shall be the expiration date of the previous year.
2. The patentee waives its patent rights in a written statement
Waiver of patent rights in compliance with regulations After the declaration is approved, the Patent Office will register and announce the relevant matters in the Patent Register and the Patent Gazette. The declaration will take effect upon registration and announcement.
If you want to fight for your rights when protecting invention patents, you can come to the Legal Savior website to find a lawyer to help you.