Legal analysis
The term of protection of the invention patent: 20 years from the date of authorizing the application for the invention patent. Term of protection of utility model patent: authorized utility model patent, from the date of filing 10 year. 3. Duration of protection of design patent: authorized design patent, from the date of application 10 year. After the patent is granted, the term of protection shall be counted from the date of application, usually the date when the application is submitted to the Patent Office (specifically, the time determined by the acceptance notice issued by the Patent Office). The term of patent protection refers to the term of patent protection after the patent is granted the right. After the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. Duration of protection of invention patent: grant invention patent, 20 years from the date of application; grant utility model patent, from the date of application 10 year; grant design patent, from the date of application 10 year. It should be noted that after the patent is authorized, the protection period is calculated from the date of application. Generally, it is the day when the application is submitted to the Patent Office (specifically, the time specified in the notification of acceptance issued by the Patent Office). The protection of the patent law is that after the design patent right is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes. Reasons for termination before the expiration of the patent right: failure to pay the annual fee; Give up in writing; In fact, the real protection start date is from the authorization date; So that is to say, the real protection date is not ten or twenty years, but less than this time.
legal ground
In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention 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, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.