Legal analysis
The patent for utility model and design is valid for 10 year. After expiration, the patent will be invalid, because the patent should be novel, creative and practical, and the product will be gradually eliminated after ten years, so it is necessary to continuously improve the product and submit a new patent application. Where an application for a patent for invention or utility model is filed, the request, specification, abstract and claim shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, and shall be accompanied by drawings when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification and indicate the scope of patent protection. Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. Patent right has timeliness, regionality and exclusiveness. In addition, the patent right also has the following legal characteristics: (1) The patent right is a combination of two rights, including personal rights and property rights. (2) The patent right is granted by the Patent Office. (3) The occurrence of patent right is based on the disclosure of invention achievements. (4) The patent right is enforceable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
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.