The protection period of European patents is 20 years from the date of application, but the drug patent right can be renewed for another 5 years at the expiration of the protection period. The protection period of American invention patent right is 17 years.
199265438+Feb. 3 1 The protection period of the invention patent right is 15 years; The protection period of utility model patent and design patent is 5 years, and the patentee may apply for renewal 3 years before the expiration. After the expiration of the patent for utility model and design, you can apply for a three-year renewal. During the renewal period, the patent right is protected by law. Where a request for extension of the patent right is made, a request for extension of the validity period of the patent right shall be submitted. You can only apply for renewal once, and you can't apply for renewal twice.
According to the patent right obtained after 1 99365438+1October1,the protection period of the invention patent right is 20 years; The protection period of utility model patent and design patent is 10 year.
The term of protection shall be counted from the date of application. The "filing date" mentioned here does not include the priority date. For a patent application with priority, the protection period of the patent right is not calculated from the priority date, but from the date when the patent applicant submits the patent application to the patent administration department.
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Legal basis 1: Patent Law of People's Republic of China (PRC).
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Article 80 The Patent Office shall set up a patent register to register the following patent-related matters:
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(3) Extension of the term of the patent right;
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Article 89 An application for renewal of a utility model shall be filed in accordance with the provisions of the second paragraph of Article 45 of the Patent Law.
Or the term of the patent right for design expires, it shall make a request within six months before the expiration of the patent right and pay the renewal fee; If the renewal fee is not paid at the expiration, it shall be deemed that no request has been made.
References:
Format of application for patent renewal
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