According to Article 42 of China's Patent Law, the limited period of invention patent is 20 years, during which the patent inventor will enjoy the ownership of the patent according to law, while the service period of the new patent right and the design patent right is 10 year, both of which are counted from the application date. You can also apply for a patent protection period, but you need to pay attention to one detail, that is, you must go to the patent office for search before using it.
Two, the limited protection period of the patent right is based on the premise that the patentee pays the annual fee according to the regulations.
If the patentee fails to pay the annual patent fee in accordance with state regulations, the patent office will terminate the patent right in everyone's hands ahead of schedule; Or the patentee voluntarily applies in writing to give up his patent right, which will also terminate the limited period of patent right in advance.
Three, the application for a patent for invention after substantive examination found no reason for rejection will take effect immediately.
Under normal circumstances, as long as the National Patent Office does not find a reason to reject the application, it will immediately authorize the invention patent. The invention patent certificate shall be issued and registered at the same time, and its effective date shall be counted from the date of announcement.
Four, the beginning and end of the application period for a patent for invention
1. The validity period of the invention patent is 20 years from the date of authorization announcement to the date of application, while the utility model and design patent is 10 year from the date of authorization announcement to the date of application.
2. The starting point of the validity of the invention patent right is the date of authorization announcement, and the end point is the period of 20 years from the date of application.