Laws that cannot restrict patent rights

Ways of restricting patent rights by law: 1. Limitation: the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year; 2. Restrictions on the licensing of rights. In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the state has the right to implement compulsory license for the corresponding invention patent or utility model patent; 3. Other ways.

legal ground

In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application. Article 54 In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit a patent for invention or utility model. Article 55 For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.