1. Under what circumstances can patent term compensation be granted
1. The circumstances under which compensation can be provided during the patent term are as follows:
(1) If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, upon request of the patentee, Request that the patent term be compensated for the unreasonable delay in the authorization process of the invention patent;
(2) In order to compensate for the time taken up by the new drug marketing review and approval, For invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council will provide compensation for the duration of the patent right at the request of the patentee.
2. Legal basis: "Patent Law of the People's Republic of China"
42 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 fifteen years, all calculated from the date of application.
If the invention patent right is granted after four years from the date of application for an invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall At the request of the patentee, compensation for the duration of the patent right shall be granted for unreasonable delays in the granting process of the invention patent, except for unreasonable delays caused by the applicant.
In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, Provide compensation for the duration of patent rights. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
2. What is the scope of patent protection?
The Patent Law stipulates that the scope of protection of an invention or utility model patent shall be based on the content of its claims. The description and its drawings can be used to explain the claims; the scope of protection of a design patent shall be expressed in the picture. Or the design patented product in the photo shall prevail.
According to the provisions of the Patent Law, the claims of an invention or utility model should describe the technology of the invention or utility model. Characteristics, clearly and briefly state the scope of protection requested. Claims include independent claims and dependent claims. Among them, independent claims should reflect the technical solution of the invention or utility model as a whole and record the necessary technical features to solve its technical problems; dependent claims The claims should use additional technical features to further define the cited claims. Each claim determines a protection scope, which is defined by all necessary technical features in the recorded claims, which The combination of technical features constitutes the technical solution protected by the claims.
The protection scope of the design patent right is represented by the features in the picture or photo. Design patented products shall prevail.
According to the provisions of the Patent Law, the Patent Administration Department of the State Council will issue a complaint regarding unreasonable delays in the authorization process of invention patents; new drugs The time taken up by the listing review and approval can be compensated for the term of the patent right. 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 Network to consult a professional lawyer.
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