The protection period of invention patent right is 20 years, and the protection period of utility model patent right and design patent right is 10 year. An application for a patent for invention needs to be made public within 18 months from the date of filing at the latest, and then the applicant shall make a request for substantive examination within 3 years from the date of filing. After substantial examination, the administrative department for patent in the State Council does not find any inconsistency with the Patent Law or the detailed rules for the implementation of the Patent Law before granting the patent right.
Legal objectivity:
In Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application. Article 43 of the Patent Law of People's Republic of China (PRC), the patentee shall pay the annual fee from the year when the patent right is granted. Article 44 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council. Article 45 of the Patent Law of People's Republic of China (PRC) Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.