In order to fulfill the provisions of Article 70 of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), on December 10, 2001, the State Intellectual Property Office extended the protection period for “some invention patent rights” ” matters are stipulated as follows:
1. Invention patent rights that were applied to the former China Patent Office before December 31, 1992 (including that day, the same below) and are still valid as of December 11, 2001 , the patent term is extended to 20 years from the filing date.
2. If the term of the above-mentioned invention patent right is extended, the patentee shall pay annual fees in accordance with Article 95 of the current Implementing Rules of the Patent Law.
If an application was made to the former China Patent Office between December 11, 1986 and January 11, 1987, and the invention patent right is still valid as of December 11, 2001, the patentee shall The annual fee for the 16th year must be paid before January 11, 2002.
The amount of the annual fee is determined according to the provisions of Announcement No. 75 of the State Intellectual Property Office.
3. The State Intellectual Property Office will announce the extension of the term of the above-mentioned invention patent, but will not renew the patent certificate and the original patent certificate will continue to be valid.
In other words, according to the above regulations, in our country, invention patent rights that were applied to the former China Patent Office before December 31, 1992 (including that day) and are still valid as of December 11, 2001, are The patent term is extended to 20 years from the filing date.