Duration of patent protection for utility model and design

The term of patent right for utility model and patent right for design is ten years, counting from the date of application. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The patent right of utility model refers to an exclusive and licensed right enjoyed by the inventor of utility model to apply for a patent to the state patent administration department according to the shape, structure or combination of the product, and be approved by the state organ and issued a patent certificate. Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. Product form, product pattern, product form and pattern, product form and color, product pattern and color, product form, combination of pattern and color.

After the patent right of invention and utility model in Article 11 of the Patent Law of People's Republic of China (PRC) has been granted, unless otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

What is the application procedure for utility model and design patent?

Application process of utility model and design patent: 1. The purpose of patent retrieval is to retrieve whether the same or similar products have applied for patent authorization for design; 2. Patent applications need to submit patent application materials, and design patents need to submit a request for a design patent, a picture or photograph authorized by a design patent; 3. After receiving the application, the Patent Office will check whether the application documents are complete. If there are no defects, it will determine the patent application number, patent application date and issue a patent application. Applicants need to pay the application fee in time to authorize the design patent. 4, the examiner is mainly aimed at whether the application is novel, creative and practical, and whether it is harmful to society for a preliminary examination of the design patent authorization; 5. After the application has passed the preliminary examination, it will enter the authorization stage, and China National Intellectual Property Administration will issue a patent authorization notice. After receiving the authorization notice, the applicant needs to go through the registration formalities in time and pay the licensing fee for the design patent.