1. What to do when the patent application period expires
The patent application period expires , the Patent rights expire and enter the public domain and can be used by anyone.
Article 42 of the "Patent Law of the People's Republic of China" The term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of appearance patent rights is The term of a design patent right is fifteen years, calculated from the date of application.
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 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.
Article 43 of the "Patent Law of the People's Republic of China" The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 of the "Patent Law of the People's Republic of China" has one of the following circumstances , the patent right is terminated 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 expiration, it shall be registered and announced by the Patent Administration Department of the State Council.
2. How to resolve disputes over patent rights
According to the provisions of the Patent Law, any dispute over patent rights shall be resolved through negotiation between the parties. ;If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it.
《 Article 65 of the Patent Law of the People's Republic of China. Exploiting the patent without the permission of the patentee shall infringe upon the patent right and cause any disputes to be resolved through negotiation. If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties shall The interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. When the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may be dealt with on its own. Within fifteen days from the date of notification, a lawsuit shall be filed with the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China"; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory execution. Management of the processing At the request of the parties, the patent affairs department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Normally, the protection periods for invention patents, utility model patents, and design patents are 20 years, 10 years, and 15 years respectively from the date of application. No renewal will be made beyond this period. , the patent rights will expire and enter the public domain. If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.
