According to the patent law, the term of the patent right is calculated from the date of application, and the priority date refers to the priority date. The term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year. The term of patent right is different from the term of protection. The term of protection shall be from the date of patent authorization to the date of termination of rights. 1. After the patent is granted, it is necessary to prepay the annual fee every year to maintain the patent right. Failure to pay the annual patent fee as required shall be deemed as abandonment of the patent right and the patent protection period shall be terminated; 2. A third party may file a request for invalidation of the patent with China National Intellectual Property Administration within the validity period of the patent. Where a patent is declared invalid, the term of patent protection shall be terminated; 3. The proportion of patents that can last until the expiration of the patent protection period is very small.
Legal objectivity:
patent law of the people's republic of china
Article 42
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
patent law of the people's republic of china
Article 43
The patentee shall pay the annual fee from the year when the patent right is granted.
patent law of the people's republic of china
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.