What is the validity period of a utility model patent?
Article 42 The term of an invention patent is twenty years , the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
The history of utility model patents:
1. Based on patent applications before December 31, 1992 The protection period of patent rights obtained shall be governed by the original patent law, that is: the protection period of invention patents is 15 years from the date of application; the protection period of utility model patent rights and design patent rights is 5 years from the date of application. The patentee may apply for a three-year extension before expiration.
2. For patent rights obtained based on patent applications filed after January 1, 1993, the protection period shall be governed by the revised Patent Law, that is: invention patents The protection period is 20 years from the date of application; the protection period for utility model patent rights and design patent rights is 10 years from the date of application.
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