How long is the term of patent protection for inventions and creations
Applying for a patent means that the term of protection for inventions and creations 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.
Applying for a patent means that your invention will be made public and anyone can easily obtain your technology. Although it can be protected by law, this protection is strictly limited by legal provisions. In a country with a vast territory like ours, there are bound to be great obstacles to nationwide protection of patent rights.
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.
What are the types of patent licenses
1. Exclusive license
means that the licensed party not only obtains the right to implement a certain patented technology within the specified time and territory, but also has the right to refuse any third party, including all others including the licensed party Implement the technology within the specified time and region.
2. Exclusive license
Also known as exclusive license, that is, in a certain area, only one party can The licensed party is allowed to be alone and no longer license others to exploit its patent in the region, but the licensee still has the right to exploit it in the region. That is to say, the exclusive license cannot exclude many partiesExcept for my implementation, it is basically the same as the exclusive license.
3. Ordinary license
Also known as non-exclusive license. It means that the licensor allows the licensed party to use a certain patent within a specified time and region, while the licensor itself retains the right to use the technology in the region and signs a licensing contract with a third party for the same technology. right.
4. Subordinate license
Also known as sublicense. The licensee of this kind of license can license a third party to implement its patent in its own name, subject to the consent of the licensee. The conditions for sublicensing must be stated in the license contract. If not stated, even if it is an exclusive license, it cannot be considered to have the right to sublicense.
5. Cross-licensing
Also known as reciprocal licensing, mutual licensing, and interchange licensing. It refers to a transaction in which two or more patentees grant each other the right to implement their respective patents under certain conditions. Cross-licensing generally does not involve payment of royalties and is limited to the exchange of technology scope and term. If the value of the two patents is not equal, one party can also give certain compensation to the other party.
As for the question you asked, the editor of Legal Savior Network has sorted it out. Among them, the protection period of invention patent rights is 20 years, utility model patent rights and appearance design rights The term of patent rights is 10 years. Once an invention or creation is patented, it can only obtain legal protection for a maximum of 20 years. If you have any questions, please consult a lawyer on the Legal Savior Network.
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