How many years is a drug patent valid for?

Drug patents are valid for 20 years. According to relevant regulations, 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. Because drugs are inventions, drug patents last for twenty years. Regarding the question of how many years a drug patent is valid, the editor of Legal Savior Network will give you a detailed answer below.

1. How many years is the patent of a drug valid for?

1. The patent is valid for 20 years. According to relevant regulations, 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. Because drugs are inventions, drug patents last for twenty years.

2. Legal basis: "Patent Law of the People's Republic of China"

42 According to Article 1, 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 50: For the purpose of public health, the patent administration department of the State Council may manufacture and export drugs that have obtained patent rights to countries that comply with the requirements of the People's Republic of China. Compulsory licenses provided by countries or regions that are parties to relevant international treaties.

2. How long is the protection period of design patents?

The protection period of design patent rights in my country is 10 years, starting from the date of application. Starting from calculation. During the period, the annual patent fees for patents, utility model patents and design patents are: 600 yuan/year for 1-3 years, 900 yuan/year for 4-5 years, 1,200 yuan/year for 6-8 years, and 1,200 yuan/year for 9-10 years. 2,000 yuan/year. According to statistics, less than 10% of our products have obtained patent rights and the patent protection period reaches 10 years. Most people apply for a patent only to obtain a patent certificate and thus gain benefits in terms of professional titles, taxation, etc.

Therefore, after obtaining the patent right, it did not have the awareness to apply the patent to the production of industrial goods., many patents have lost their patent rights due to the reasons of the patentee. Some patent holders only seek short-term commercial benefits and do not use their patents to occupy the market for a long time as one of their own brand products. For some large companies with strong strength and strategic vision, they hope that their products can occupy the market for a long time and obtain effective legal protection. To them, the 10-year protection period is relatively short. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.