What does the so-called patent protection mean?

The maintenance of patent right means that the patentee has the right to pay the prescribed annual fee to the patent administration department according to law, and the patent will remain valid during the legal protection period. Patent maintenance time refers to the actual time from the date of application or authorization to the date of invalidation, termination, revocation or expiration of the patent. The patent maintenance time in China begins from the date of patent application.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(a) failing to pay the annual fee in accordance with the provisions;

(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.