How long is the patent right of utility model and design valid?

According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of filing.

Article 44 stipulates that in any of the following circumstances, the patent right shall terminate before the expiration of the time limit:

1. Failing to pay the annual fee as required.

2. The patentee waives his patent right in writing.

Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.

Extended data:

Article 31 of the Patent Law of People's Republic of China (PRC) stipulates that an application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.

An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.

Article 45 stipulates that any unit or individual who thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administration department of the State Council announces the grant of the patent right.

Article 46 stipulates that the Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.

Baidu Encyclopedia-People's Republic of China (PRC) Patent Law