The term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated. Before the expiration of the patent right, the patentee may give up the patent right in writing.
Patent Right
Patent Right (Patent Right), referred to as "patent", is a specific invention-creation that the inventor or its assignee enjoys according to law within a certain period of time. Exclusive enforcement rights are a type of intellectual property rights. my country promulgated the Patent Law in 1984 and the implementation details of the law in 1985, making specific provisions on relevant matters.
Patent rights refer to the right of the patentee to exclusively use, profit from, and dispose of his invention and creation within the scope prescribed by law, and to exclude the interference of others. Patent rights are temporal, territorial and legally confirmable.
Legal characteristics of patent rights:
1. Patent rights are two rights in one, including personal rights and property rights.
2. The patent right must be granted by the Patent Office.
3. The occurrence of patent rights is predicated on the disclosure of invention results.
4. Patent rights are exploitable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent. ?
Patent protection scope
The protection scope of an invention or utility model patent shall be based on the content of its claims, and the description and drawings may be used to explain the claims. Its meaning is that the scope of protection of a patent right should be based on the scope determined by the necessary technical features clearly stated in the claims, and also include the scope determined by features equivalent to the necessary technical features.
Equivalent features mean that they use basically the same means to achieve basically the same functions and achieve basically the same effects as the recorded technical features, and those of ordinary skill in the field can associate them without creative work. characteristics.
The scope of protection of design patent rights shall be subject to the design patented product shown in pictures or photos. The scope of protection of a design patent right depends on two aspects: one is the design represented in pictures or photos; the other is the scope of products using the design specified when the patent is granted. Determining whether the designs are identical or similar shall be based on similar products.
Reference materials:
Patent rights