How long is the duration of the invention patent right and what is the scope of protection?
Generally speaking, the term of the invention patent right refers to the period during which the patent right is protected by law. The term of protection of patent rights in China varies with the types of patents. What is the duration of the invention patent right? According to Article 42 of China's Patent Law, the duration of the invention patent right is 20 years, and the duration of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application. Note that the filing date mentioned in the patent law here, if there is priority, refers to the priority date. Another thing to note about the time limit for applying for patent protection is that the time limit for using other people's patents must be searched in the patent office before choosing to use them. Article 2 of the Detailed Rules for the Implementation of the Patent Law defines the scope of protection of the invention patent right as follows: Invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. Generally speaking, the technical scheme mentioned in the patent refers to the technical scheme to solve a certain problem by using the laws of nature. It does not require a molded product or practical application, but it must be practical, that is, according to your technical scheme, your invention purpose can be achieved. On this premise, the scope of invention patent protection is quite wide. Generally speaking, we only point out the scope of invention patent protection, and others, as long as they belong to the technical scheme of patent law, can be considered to be within the scope of invention patent protection. Matters needing attention about the duration of the invention patent right; maintaining the effectiveness of the patent right is based on the premise that the patentee pays the annual fee according to the regulations. When the patent right is terminated in advance under the following circumstances: 1. The patentee fails to pay the annual fee in accordance with the provisions. 2. The patentee waives his patent right in writing.