What is the term of a Chinese invention patent?

The protection and utilization of intellectual property rights is a must-do for enterprises. The most economically beneficial of the three types of intellectual property is patent rights. Patents can be divided into invention patent rights, utility model patents and design patents.

However, the term of protection of each patent right is inconsistent and the calculation method is different. Let's introduce to you how long is the term of China's invention patent? What is the term of a Chinese invention patent?

1. Article 42 of the Patent Law of the People's Republic of China stipulates that the term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date. 2. For the purposes of the Patent Law, if there is a right of priority, it refers to the date of priority.

3. It should be noted that the term of applying for patent protection must be searched by the patent office before choosing to use the term of using another person's patent. 4. The validity period of the patent right is maintained on the premise that the patentee pays the annuity fee in accordance with the regulations, and the patent right is terminated in advance under the following circumstances: 1) the patentee fails to pay the annuity fee in accordance with the regulations.

2) The patentee declares in writing that it has waived its patent right. 5. Article 39 of the Patent Law stipulates that if no reason for rejection is found in the substantive examination of an application for invention for invention, the patent administration department shall make a decision to grant the invention patent, issue a certificate of invention patent, and at the same time register and announce the invention patent right to take effect from the date of announcement.

6. For utility models and designs, Article 40 of the Patent Law also stipulates that if the application for a utility model or design patent does not find a reason for rejection after preliminary examination, the patent administration department shall make a decision to grant the utility model patent or design patent, issue the corresponding patent certificate, and register and announce it at the same time. 7. The utility model patent right and the design patent right shall come into force on the date of announcement. 8. The validity period of an invention patent shall be from the date of publication of grant to the date of 20 years after the date of application, while the validity period of a patent for utility model and design shall be from the date of publication of grant to the date of 10 years after the date of application.

9. The starting point of the validity period of the invention patent right is the date of the announcement of the grant, and the end point is the expiration date of 20 years from the date of application. 10. The above validity period is based on the assumption that the patentee has paid the corresponding fees (such as annual fees) on time, and the patent has not been invalidated during this period. 11. If the patentee fails to pay the annual fee within the prescribed time limit, or the patent is invalidated, the validity period of the patent will end early.

What is the term of an invention patent in China? If you have more questions about patents, you can continue to pay attention to Bajie Intellectual Property, or contact us.

The term of natural termination: the term of a patent right for invention is 20 years, and the term of a patent right for utility model and design right is 10 years, both of which are calculated from the filing date.

Termination before the expiration of the term:

1) Failure to pay annual fees in accordance with regulations;

2) The patentee renounces its patent right by a written statement. If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

2. Termination of invention patent.

Article 44 of the Patent Law stipulates that a patent right shall be terminated before the expiration of the term under any of the following circumstances:

1) Failure to pay annual fees in accordance with regulations;

2) The patentee renounces its patent right by a written statement.

If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department (State Intellectual Property Office).

3. The process of applying for an invention patent.

1. Acceptance stage: After the patent applicant submits the application documents to the patent office, and the patent office examines the application, if the examination is met, the patent office will determine the application date, give the application number, and issue a notice of acceptance after verifying the list of documents.

2. Preliminary examination stage: If the patent application after acceptance of Xikai pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention shall first be examined for confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedure.

3. Publication stage: The invention patent application enters the publication stage from the time of issuing the notice of preliminary examination, and if the applicant does not submit a request for early disclosure, it will not enter the disclosure preparation procedure until 18 months from the filing date. If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure.

4. Substantive examination: After the publication of the invention patent application, if the applicant has submitted a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant has not filed a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application shall be deemed to have been withdrawn.

5. Grant stage: If no rejection is found after the substantive examination, the patent office will issue a notice of grant and a notice of registration after the examiner conducts a review.

The term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

The general term is one year, if it is more complicated three years.

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Time] How long does it take to apply for an invention patent.

Legal Analysis: Twenty Years.

Legal basis: Article 42 of the Patent Law of the People's Republic of China The term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

The term of the patent right refers to the time when the legal term of the patent right expires and terminates. From the date of the announcement of the grant of the patent right, if the patent right is terminated for no other reason, the patent right shall be terminated until the expiration of the term of the patent right.

According to the relevant provisions of China's Patent Law, the term of invention patent in China is 20 years, and the term of utility model patent and design patent is 10 years, both of which are calculated from the filing date. Article 45 of the Patent Law stipulates that the term of a patent for invention is 20 years, and the term of a utility model patent and a design patent is 10 years, both of which are calculated from the date of application. This provision makes it clear that patent rights are different from movable and immovable property.

Ownership of both movable and immovable property is time-limited, but patent rights are only valid for a period of time prescribed by law. This characteristic of a patent right is determined by its nature and purpose. The patent system was established to encourage invention through the protection and use of inventions, and it had to strike a balance between the interests of inventors and the public interest.

For example, the United States stipulates that the term of protection for drugs is 17 years from the date of approval, which can be extended for 5 years, and the European Community has also made a similar decision to extend the term of protection for drugs for 20 years from the date of application, which 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 Rights" and the "Agreement on Intellectual Property Rights Related to Intellectual Property Rights" all clearly stipulate that the term of protection of invention patents is at least 20 years from the date of application, and the Dunkel Act also stipulates that the term of protection of designs is at least 10 years from the date of application, and in order to adapt to the trend of international harmonization of patent law, China's 1992 amendment to the patent law extended the protection period of three types of patents in China's 1984 patent law, namely omitted patents, utility models and designs.

According to China's patent law, the patent right "shall be calculated from the date of application." However, it does not mean that the patentee has the exclusive right to exploit from the date of application. In accordance with Article 8 of the Patent Law, a patent application shall be subject to examination and approval, and shall be formally created only after the patent right has been granted by the Patent Office, and the patent right shall be prohibited from manufacturing, using, selling, importing the patented product or using the patented process for the purpose of production and business without its permission.

Article 13 of the Patent Law stipulates that: "After the publication of an application for a patent for invention, the applicant may require the entity or individual that exploits the invention to pay appropriate fees. Article 77 of the Detailed Rules for the Implementation of the Patent Law provides:

After the publication of the invention patent application but before the grant of the patent right, the authority may directly file a lawsuit with the people's court for the use of the invention without paying the appropriate fee. "According to China's 1984 Patent Law, the preliminary examination and opposition system is implemented for utility models and designs, and the 1992 amendment to the Patent Law abolished the opposition system for patent applications, and the date on which the Patent Office makes an examination decision is the date on which the patent is granted.