How should patent rights be maintained? How do you maintain your patent rights?

Patent maintenance refers to the process in which the patentee pays a prescribed amount of maintenance fee to the patent administration department in accordance with the law to continue to be valid during the statutory protection period of the patent. The patent maintenance period refers to the actual time from the filing date or the date of grant of the patent to the date of invalidation, termination, revocation or expiration. The patent laws of different countries or regions have different starting times for patent maintenance, some are calculated from the filing date, some are calculated from the grant date, and the patent maintenance time in China is calculated from the patent application date.

The role of patent maintenance is as follows: First, patent maintenance time is one of the key indicators to evaluate the advantages and disadvantages of the patent maintenance system and reflect the operational performance of the patent system. Second, the patent maintenance time reflects the patent application and management ability of the innovative entity.

Thirdly, patent maintenance time reflects a country's or region's technological innovation capability. Legal basis: Article 44 of the Patent Law of the People's Republic of China shall terminate the patent right before the expiration of the term under any of the following circumstances:

1) Failure to pay the annual fee in accordance with the regulations; (2) The patentee renounces its patent right by a written declaration. 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.

After the patent application is granted, the patentee shall pay the annual fee for the following year in advance one month before the expiration of each year. If the payment is not made or paid in full within the expiration of the time limit, the Patent Office will issue a notice of payment to notify the patentee to make up the payment within 6 months from the date of expiration of the annual fee payable, and at the same time pay the late fee. The amount of the late fee is calculated according to the amount of 5% of the full annual fee of the current year for every 1 month that exceeds the prescribed payment time; If the payment is not made upon expiration, the patent right shall be terminated from the date of expiration of the annual fee payable.

Legal Analysis: Patent maintenance refers to the process in which the patentee pays a prescribed amount of maintenance fee to the administrative department of the patent friend in accordance with the law to make the patent continue to be valid during the statutory protection period of the patent. The patent maintenance time refers to the actual time from the date of filing or grant of the patent to the date of invalidation, termination, revocation or expiration.

Legal basis: Article 3 of the Patent Law of the People's Republic of China is responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law. The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.

1. How to maintain patent rights.

Specific methods of patent protection:

1) Administrative protection of patent rights.

2) Civil law protection of patent rights.

3) Criminal law protection of patent rights. The criminal law protection of patents refers to the infringement of patent rights, where the circumstances are serious, and the violation of the criminal law constitutes a crime, and the legitimate rights and interests of the patentee are protected by pursuing the criminal liability of the infringer in accordance with the law.

4) [Legal basis] Article 59 of the Patent Law stipulates that the scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims.

5) The scope of protection of the design patent right shall be subject to the design of the product expressed in ** or **, and a brief description may be used to explain the design of the product expressed in ** or **.

2. The significance of safeguarding patent rights.

1) Monopoly of the market.

2) Prevent others from imitating new technologies and new products developed by the enterprise. Once a technology is patented, whether the technology is published**, or participated in academic conferences or exhibitions, or otherwise disclosed, it is disclosed under the protection of the law, and no one can use the technology casually even if it has learned or mastered it through the above means, after the technology has been granted a patent.

3) Patented technology can be used as a commodity **** let).

3. How many years is the term of protection of the patent right?

According to the first paragraph of Article 42 of the Patent Law of the People's Republic of China, the term of a patent right for invention is limited to 20 years, the term of a utility model patent right is 10 years, and the term of a design patent right is 15 years, all of which are calculated from the filing date.