How long is the patent term protected?

Legal analysis: the term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, all of which are counted from the date of application.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 41 The patent administration department in the State Council shall set up a patent reexamination board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.

Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.