1. How long is the validity of the invention patent?
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.
The starting point of the patent protection period is not the patent announcement date, but the patent announcement date is the starting point for the patentee to obtain the patent right. The filing date of all kinds of patents is earlier than the announcement date, which means that the patent protection period enjoyed by the invention patentee is less than 20 years, and the patent protection period enjoyed by the utility model patentee and the design patentee is less than 10 years. For the patentee, the patent that exceeds the protection period becomes public technology, and everyone can use it for free. This patent has no selling point in the commodity market. Therefore, we should pay attention to the application date when purchasing patents, which will affect the consideration of patent transfer. It should also be noted that China's patent law stipulates that the transfer of patent application right or patent right shall take effect from the date of registration. Therefore, the patent "buyer" should remember to register the patent transfer with the relevant departments in China National Intellectual Property Administration to prevent others from infringing and ensure the maximization of his patent right.
2. What are the conditions for granting a patent right?
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The design to which the patent right is granted shall be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the date of application, and shall not conflict with the legal rights previously obtained by others.
The above is about how many years the invention patent is valid. According to the provisions of China's patent law, the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year. If readers need help with invention patents, please go to Intellectual Property for customer service consultation.
Personal invention patent application Beijing invention patent application