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, both counting from the date of application. Unfortunately, the patent cannot be extended after it expires. Patent has entered the public domain and become an open technology with no legal effect, and anyone can implement it for free.
This article explains that patent right is different from movable property and immovable property. The ownership of movable and immovable property has no time limit, but the patent right is only valid within the time limit prescribed by law. This feature of patent right is determined by its essence and purpose. The purpose of establishing a patent system is to encourage inventions by protecting and utilizing them.
According to the provisions of China's patent law, the patent right is "calculated from the date of filing". However, it does not mean that the patentee enjoys the exclusive right of implementation from the date of application. According to the provisions of Article 8 of the Patent Law, a patent application shall be examined and approved by the record, and it can only be formally produced after the patent office grants the patent right. The patentee has the right to prohibit others from manufacturing, using, selling or importing the patented product or using the patented method for production and business purposes without his permission.
Legal basis: Article 42 of the Patent Law.
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, both counting from the date of application.