How to calculate the protection time of invention patent rights
The term of the invention patent right is twenty years from the date of application. In 2017, the term of utility model patent rights and design patent rights is ten years.
"Patent Law"Article 42 The term of the invention patent right is Twenty years,The term of utility model patent rights and design patent rights is ten years, are calculated from the date of application.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted. .
Article 44: One of the following circumstances , the patent right terminates before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee gives up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, the Registration and announcement by the Patent Administration Department of the State Council.
Article 45 From the Patent Administration Department of the State Council From the date of announcement of the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.
Article 46 Declaration by the Patent Reexamination Board A request to invalidate a patent right shall be reviewed and decided in a timely manner, and the requestor and patentee shall be notified. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
If you are dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The People's Court shall notify the other party in the invalidation request procedure as The third party participates in the lawsuit.
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