The term of invention patent rights is generally twenty years. According to relevant legal provisions, the term of utility model patent rights is ten years, the term of invention patent rights is twenty years, and the term of design patent rights is fifteen years, calculated from the date of application.
Legal Basis
Article 42 of the "Patent Law of the People's Republic of China" states that the term of invention patent rights is twenty years and the term of utility model patent rights is ten years. In 2017, the term of design patent rights is fifteen years, calculated from the date of application. Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted. Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term: (1) The annual fee is not paid in accordance with the regulations; (2) The patentee gives up his patent right in a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.