Legal period of patent rights
Patent rights are only valid within the statutory period. If this period is exceeded, The patentability of the invention is absolutely eliminated, and the invention enters the public domain and becomes the common property of all mankind. The term of patent rights is calculated from the date of application. Article 42 of the Patent Law stipulates that the term of invention patents is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. . This provision explains that patent rights are different from movable and immovable property. Ownership of both movable and immovable property is unlimited in time, but patent rights are only valid for the time specified by law. This characteristic of patent rights is determined by its essence and purpose. The purpose of establishing the patent system is to encourage invention and creation by protecting and using inventions. It must seek a balance between the interests of inventors and the interests of the public.
In the past ten years or so, the protection period of invention patents, especially those involving large investments and long time-consuming inventions such as medicines, has tended to be extended, for example The United States stipulates that the protection period for drugs is 17 years from the date of approval, which can be extended for 5 years. The European Community has also made a similar decision, and the protection period for drugs is 20 years from the date of application, and can be extended for 5 years. . The "Supplementary Treaty to the Paris Convention for the Protection of Industrial Property" and the "Uruguay Round of the General Agreement on Tariffs and Trade" and the "Trade-Related Aspects of Intellectual Property Rights Agreement" both clearly stipulate that the protection period for invention patents is at least 20 years from the date of application, and the Dunker text also It is stipulated that the protection period of a design is at least 10 years from the date of application. In order to adapt to the trend of international harmonization of patent laws, the 1992 Amendment to my country’s Patent Law extended the three types of patents for inventions, utility models, and designs in my country’s 1984 Patent Law. protection period.
According to my country's patent law, patent rights are calculated from the date of application, but this does not mean that the patentee has exclusive implementation since the date of application. right. According to Article 8 of the Patent Law, a patent application shall be subject to demerit review and approval. The patent right shall be officially issued after the Patent Office grants the patent right. The patentee shall have the right to prohibit others from manufacturing, using, selling, and importing the patent right for production and business purposes without his permission. Patented products or the use of patented methods. Just inventIn terms of patent application, since the content of the invention has been published before the grant decision is made (18 months from the date of application), the applicant’s competitors may already know the content claimed in the patent application and have a negative impact on the patentee. Interests pose a threat. Therefore, Article 13 of the Patent Law stipulates: "After the application for an invention patent is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees.
