Patent right is an important intellectual property right in current society, which is applied by the inventor or his assignee according to law. Then, how many years will the intellectual property patent certificate expire? For this problem, I will tell you about the expiration of the intellectual property patent certificate in a few years, hoping to help you!
1. How many years is the validity period of the intellectual property patent certificate?
Regarding the relevant provisions on the expiration of intellectual property patent certificates after several years, the validity period of China's patent rights is as follows:
Article 42 of the Patent Law of People's Republic of China (PRC)
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.
Article 43
The patentee shall pay the annual fee from the year when the patent right is granted.
2. Can I apply for an extension when the patent right expires?
The patent right has a time limit, and the validity period cannot be extended.
patent law of the people's republic of china
Article 42 stipulates that the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of application.
Article 43 stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 stipulates that in any of the following circumstances, the patent right shall terminate before the expiration of the time limit:
1. Failing to pay the annual fee as required;
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.
According to the provisions of Article 45 of the Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right.
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