1. How long is the term of utility model patent rights? 1. For patent rights obtained based on patent applications filed before December 31, 1992, the original patent law applies to the term of protection, that is: The term of protection of invention patents It is 15 years from the date of application; the protection period of utility model patent rights and design patent rights is 5 years from the date of application, and the patentee can apply for a three-year extension before expiration. 2. The protection period of patent rights obtained based on patent applications filed after January 1, 1993 shall be governed by the revised Patent Law, that is: the protection period of invention patents is 20 years from the date of application; utility model patent rights and The protection period of design patent rights is 10 years from the date of application. Utility model patent is one of the three types of patents (invention, utility model and design). Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The patent law requires utility models to have lower creativity and technical requirements than invention patents, but they have greater practical value. In this sense, utility models are sometimes also called small inventions or small patents. 2. How to calculate the patent term. Calculation of term: The first day of the term (starting date) is not included in the term. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date of the time limit; if there is no corresponding day in that month, the last day of the month shall be the expiration date of the time limit. For example, if the filing date of an invention patent application is June 1, 1998, the expiration date of the request for substantive examination shall be June 1, 2001, and the expiration date of the request for substantive examination shall be June 1, 2001. date, not May 31, 2001. For another example, for a notification issued by the Patent Office on December 16, 1999, the presumed date of receipt is December 31, 1999. If the specified period of the notification is two months, the expiration date of the period should be 2000. February 29th. If the expiration date of the time limit is a statutory holiday, the first working day after the holiday shall be the expiration date of the time limit. Statutory holidays refer to New Year's Day (one day), Spring Festival (three days), International Labor Day (three days), and National Day (three days); statutory holidays refer to Saturdays and Sundays of every week. The national announcement of the transfer of holidays shall be subject to the announcement of the Beijing Municipal Government. For example, the filing date of a certain patent application is May 8, 2001, which is the first working day of May 2001 (May 1-3 May 4th to May 7th is a statutory holiday for International Labor Day). As far as the protection period of patents is concerned, according to the requirements of the new Patent Law, the current protection period for invention and creation patents is up to 20 years, but the protection period for utility model patents and design patents is only 10 years. Year. It should be noted that this maximum protection period is based on the annual patent fee being paid in accordance with regulations. If no payment is made, the protection is likely to be terminated.