1. How many years does the invention patent right count from the date of application?
1. The invention patent right is valid for twenty years from the date of application. According to relevant legal provisions, the term of invention patent rights in my country is twenty years, and the term of utility model patent rights and design patent rights is ten years, and the starting date of the aforementioned rights is the filing date.
2. Legal basis:
"Patent Law of the People's Republic of China"
Article 42: The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application. .
Article 43: The patentee shall pay annual fees starting from the year when the patent right is granted.
2. How effective is the patent right?
1. After the exclusive right to implement an invention or utility model patent is granted, other than Except as otherwise provided by the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products or use its patented methods for production and business purposes. and use, offer for sale, sell, and import products directly obtained according to the patented method. Therefore, the exclusive enforcement rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import the patented products; the exclusive enforcement rights enjoyed by method invention patentees are , in addition to the exclusive right to use the patented method, also includes the right to use, the right to sell, the right to sell and the right to import the products directly obtained according to the patented method. hereOffering to sell refers to an expression of intention to sell goods by means of advertising, displaying in shop windows, or exhibiting at trade fairs.
2. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not be used for production and business purposes. Manufacture, sell and import its design patented products. It can be seen that the exclusive right to implement a design patent includes the right to manufacture, sell and import the patented product.
I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
