How long is the duration of patent protection?

The term of patent protection can be divided into: the term of invention patent protection is 20 years, the term of utility model is 10 year, and the term of design is 15 year. The above period shall be counted from the date of application. The patentee shall pay the annual fee within the protection period from the year when the patent right is granted.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC)

The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted 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.

Article 45

Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.