How long is the validity period of a patent application digital certificate?

In real society, many times when people produce the same product, they can apply for a patent according to regulations. Many companies apply for registration for Patent rights, but according to regulations, patent rights have a certain period, so for patent application digital certificates How long is the validity period? The editor of Legal Savior Network will answer the question for you below.

1. How long is the validity period of the digital certificate for patent application

10 years.

1. Article 42 of China's Patent Law stipulates that the term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 20 years. 10 years, all calculated from the date of application.

2. The application date referred to in the Patent Law refers to the priority date if there is priority.

3. When applying for patent protection, you must pay attention to the term of patent protection. When using other people's patents, you must search the patent term with the patent office before choosing to use it.

4. Maintaining the validity period of the patent right is predicated on the patentee paying annual fees as required. The patent right will be terminated early under the following circumstances:

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1) The patentee fails to pay the annual fee in accordance with regulations.

2) The patentee declares in writing that it has given up its patent rights.

5. Article 39 of the "Patent Law" stipulates: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent. After making a decision on the right, an invention patent certificate will be issued, and the invention patent right will be registered and announced at the same time, taking effect from the date of announcement.

6. For utility models and designs, Article 40 of the Patent Law also stipulates that if no reason for rejection is found after preliminary examination of a utility model or design patent application , the patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time.

7. Utility model patent rights and design patent rights will take effect from the date of announcement.

8. Invention specialtyThe validity period of a patent should be from the date of authorization announcement to 20 years after the date of application, while the validity period of utility model and design patents shall be from the date of authorization announcement to 10 years from the date of application.

9. The starting point of the validity period of the invention patent right is the date of authorization announcement, and the end point is the end date of 20 years from the date of application.

10. The above validity period is based on the assumption that the patentee has paid the corresponding fees (such as annual fees) on time, and the patent has not been invalidated during this period.

11. If the patentee fails to pay the annual fee within the specified period, or the patent is invalidated, the validity period of the patent will end early.

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.

What needs to be noted here is the 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 but before the patent right is granted without paying appropriate fees; other patent disputes.

The above is the content compiled by the editor. We can understand that according to regulations, the validity period of a patent application digital certificate is ten years. If this period is exceeded, it must be renewed. Periodically, if there is patent infringement, you will have to bear certain responsibilities. If there are any disputes, you can mediate. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.