1, and the term of the invention patent right is twenty years;
2, the term of the patent right for utility model is ten years;
3. The term of patent right for design is fifteen years, counting from the date of application.
Patent right refers to the exclusive right granted by the state to the inventor or designer within a certain period of time in accordance with legal procedures on the premise that the content of the invention is open to the public and the invention has legal interests to the society.
Patent is a kind of intellectual property, so it also has the characteristics of intellectual property, that is, timeliness, regionality, impersonality and exclusiveness. Timeliness means that the exclusive right of the patentee is only valid within the legal time. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to the invention-creation, and the invention-creation originally protected by law becomes social public wealth that any unit or individual can use for free. Regionality means that the patent right is generally valid only in the country where the right is granted, and in principle it is not recognized and protected in other countries. Intangible, also known as immateriality, means that the object of patent right is intellectual achievement, which has no material form and cannot be actually possessed by people objectively. Exclusivity means that, unless otherwise stipulated in the patent law, no unit or individual may exploit its patent without the permission of the patentee.
legal ground
patent law of the people's republic of china
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
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.