The term of patent protection refers to the term of patent protection after the patent is granted the right. After the patent right for invention and utility model is granted, except as otherwise provided in the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
Reasons for termination before the expiration of the patent right:
1, free of annual fee.
Step 2 give up writing
In fact, the real protection start date is from the authorization date; In other words, the real protection date is not ten or twenty years, but less than this time.
Judging the scope of protection of patent right:
1. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, which may be explained by the specification or attached drawings. To determine the content of patent protection, the scope determined by the claims shall prevail. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The patent protection right granted by a country or region is only valid within the scope of that country or region, and other countries and regions have no legal effect, so the patent protection right is not recognized.
2. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The application for design does not need to submit written documents such as claims and specifications, but it needs to submit pictures or photographs. The criteria for judging whether there is infringement are: using the same or similar design on the same or similar product as the patented product is regarded as infringement, and the same product means the same use and function; Similar products refer to products with the same purpose but different specific functions.
When determining the scope of patent protection, the technical content recorded in the patent claim should be regarded as a complete technical scheme, that is, the technical scheme expressed by all technical features recorded in the independent claim should be regarded as a whole, and the technical features recorded in the preface and the technical features recorded in the feature part should be combined to determine the scope of patent protection. The technical features of the preface and the feature part have the same effect on limiting the scope of patent protection.
Legal basis:
People's Republic of China (PRC) Patent Law (revised in 2020)
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
Where a patent for invention has been granted for four years from the date of application for a patent for invention and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay in the process of granting the patent for invention, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.