How long is the protection period of invention patent rights stipulated in the Patent Law?
1 , The protection period of invention patent rights is twenty years.
Article 42 of the "Patent Law" stipulates that the term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is The period is fifteen years, calculated from the date of application.
2. Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
3. If no reason for rejection of the invention patent application is found after substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right and issue an invention patent certificate. be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
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Is it necessary to hire a lawyer when filing a lawsuit? What are the benefits of hiring a lawyer?
If you and the other party have different facts in the case If you have different opinions and the evidence is confusing, or the legal issues are difficult, or the outcome of the case will have a particularly great impact on you, it is still necessary to ask a lawyer to participate in the whole process. A lawyer can do two things for you:
(1) Run errands and handle chores. For example, filing a case, paying fees and refunds, sending and receiving court materials, communicating with the clerk and the judge, mediating, appearing in court, etc.
(2) Help you answer your questions, reduce the risk of losing the case, and increase the probability of winning. For example, you can ask a lawyer to analyze and provide advice, and tell you what you can and cannot do If you say it can't be done, should you keep it notarized in advance? A lawyer can help you write a list of evidence for the complaint and defense, cross-examine your opinions, argue back and forth with the other party in court, state your views to the judge, and then engage in negotiation and mediation with the other party, etc. .
All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights.
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