1. Intellectual property rights generally expire in several years
About how many years intellectual property rights generally expire The relevant provisions for year expiration are as follows:
According to Article 42 of the "Patent Law of the People's Republic of China"
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.
According to the provisions of Articles 37 and 38 of the "Trademark Law of the People's Republic of China", the validity period of a registered trademark is ten years. Calculated from the date. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within six months before expiration; if the application fails to be made during this period, a six-month extension period can be given. If an application has not been made before the extension period expires, the registered trademark will be cancelled. Each renewal of registration is valid for ten years.
According to the relevant provisions of the Copyright Law, the protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited. For a citizen's work, the protection period for the right to publish, distribute and other rights is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the author's death; if it is a collaborative work, it will end at the end of his death. December 31, the fiftieth year after the death of the author.
2. Can I apply for renewal when the patent right expires
Patent rights have a limited time limit and the validity period cannot be extended.
"Patent Law of the People's Republic of China"
Article 42 stipulates the term of invention patents The term of utility model patents and design patents is 10 years, both calculated from the date of application.
Article 43 stipulates that the patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 stipulates that under any of the following circumstances, the patent right shall be terminated before the expiration of the term:
1. Failure to pay the annual fee as required;
2. The patentee has given up its patent rights in a written statement.
If the patent right is terminated before expiration, it shall be registered and announced by the Patent Administration Department of the State Council.
According to Article 45 of the Patent Law, from the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual who believes that the patent right is If the grant does not comply with the relevant provisions of this Law, you may request the Patent Reexamination Board to declare the patent invalid.
The above is the answer given by the editor of Legal Savior Network on "How many years does intellectual property rights generally expire"? We can learn about how many years intellectual property rights generally expire. The relevant regulations are as above, I hope it will be helpful to you. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
