The term of patent right refers to the termination time of the legal term of patent right. If the patent right has not been terminated for other reasons since the announcement of the patent authorization, the patent right shall be terminated on the expiration of the patent authorization. According to the provisions of the patent law, the term of invention patent is 20 years; The term of utility model patent and design patent is 10 year, counting from the date of application. Although the patent term stipulated in the patent law is calculated from the date of application, this is only the starting point of the calculation of the patent term, which does not mean that the patent right will take effect from the date of application. Since the patent application must be examined by the Patent Office to obtain the patent right, it will take some time from the date of application to the announcement of authorization made by the Patent Office. In this way, the term of validity of the patentee of invention patent must be less than 20 years, and the term of validity of the patentee of utility model and design patent must be less than 10 years.
legal ground
Article 42 of the patent law
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.