What is the term of invention patent in 2022?

How many years is the duration of invention patent protection? From the date of application, as long as the annual fee is paid on time, it can reach 20 years. The protection period of the utility model is 10 year. Therefore, for inventions with a long life cycle, applying for invention patents can obtain much longer protection time than utility model patents. How long does it take from application to obtaining a patent certificate? After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. If the application for a patent for invention is rejected after preliminary examination and substantive examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 3-5 years for an invention patent to be applied for and authorized. How to calculate the protection time of invention patent? 1. The timeliness of patent right is one of the characteristics that patent right is different from tangible property ownership as intellectual property. As for the ownership of tangible property, if the property itself is not destroyed, the ownership of the property owner will always exist. The patent right is not like this. The patent term prescribed by law expires or terminates ahead of schedule. Although the invented technology itself still exists, the patent right does not exist. In other words, the exclusive right to use this technology no longer exists. Inventions have created social wealth and anyone can use it for free. When the law stipulates the term of the patent right, the interests of the patentee should be fully and properly protected, and the prescribed term of protection should not be too short, otherwise it will not be conducive to mobilizing the enthusiasm of invention and creation; At the same time, the interests of the state and the public should be considered, and the protection period of patent right should not be too long, otherwise it is not conducive to the promotion and application of advanced technology. China's Patent Law promulgated in 1984 stipulates that the term of invention patent is 15 years, and the term of utility model and design patent is 5 years, which can be extended for 3 years. When the Patent Law was first amended in 1992, the duration of invention patents was extended to 20 years, and that of utility model and design patents was extended to 15 years, which was consistent with the provisions of the TRIPS Agreement and longer than the legal provisions of other countries in the world on the duration of patents, which fully reflected China's emphasis on intellectual property protection. Of course, for the patentee, during the legal patent protection period, the patentee can decide the actual protection period by not paying the annual fee or giving up the patent right according to the development cycle of the professional technology and the implementation of the patented technology. 2. According to the provisions of this article, the term of the patent right shall be calculated from the date of application, that is, from the date when the patent applicant actually submits a patent application to the patent administration department of China. The filing date mentioned here does not include the priority date. What is stipulated here is only the calculation of the start date of the patent term. With regard to the entry into force of the patent right, according to the provisions of Articles 39 and 40 of this Law, it shall come into effect as of the date when the patent administrative department of the State Council issues the patent certificate and makes an announcement. Invention patent is a kind of affirmation and protection of the inventor's intellectual achievements, but the protection period of invention patent is not long, even if it is twenty years at the longest. If the research invention is not patented, it may be used by others, and the invention will be used to make money. The most terrible thing is that you can't use it yourself. If used, it may be considered as a fake, resulting in counterfeiting.