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. Invention patent refers to an unprecedented patented technology or method with originality, novelty and practicality. The invention patent right includes the right of exclusive exploitation, import, transfer, exploitation license, abandonment, marking and other rights. If the inventor wants to obtain these rights and enjoy the protection of rights, he must apply to the Patent Office for this patented technology or method. China's patent law stipulates that the validity period of an invention patent is 20 years, and the validity period of an invention patent is counted from the date of application. As we all know, patent is a part of intellectual property, which is exclusive, regional and timely. Temporary here means that the right holder of the invention patent can only enjoy the patent right within the validity period of 20 years, and when the period expires, the right holder will automatically lose all the contents of the patent right he enjoys. And the patent right, like the trademark right, cannot be renewed.
Legal basis: According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.