How many years is the patent right valid? What are the restrictions of patent right?

1. What is the duration of the patent right? 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. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right. 2. What are the restrictions of patent right? (1) Compulsory license Compulsory license, also known as involuntary license, refers to an administrative measure that the patent administrative department of the State Council directly permits an applicant who has the conditions for implementation to exploit his invention patent or utility model patent without the consent of the patentee according to law. Its purpose is to promote the implementation of patented inventions, prevent patentees from abusing patent rights, and safeguard national interests and social public interests. China's patent law divides compulsory license into three categories: 1. Compulsory license when not implemented. Where a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, but fails to obtain the license within a reasonable period of time, the patent administration department of the State Council may, upon the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. Only after 3 years from the date when the patent right is granted can you request a compulsory license from the patent administrative department of the State Council. This compulsory license should be limited to the needs of the domestic market; The invention and creation involved in compulsory license is semiconductor technology, and the implementation of compulsory license is limited to the non-commercial use of the public. Or use the remedies determined by judicial or administrative procedures as anti-competitive behaviors. 2. Compulsory license required by public interest. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model. 3. Compulsory licensing of subordinate patents. Where a patented invention or utility model is a major technological progress with great economic significance compared with the invention or utility model of the previous patent, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. Where a compulsory license is granted in accordance with the provisions of the preceding paragraph, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee. (2) Acts that are not regarded as patent infringement 1. After the patented product manufactured or imported by the patentee or the product directly obtained by the patented method is sold, the patentee uses, promises to sell or sells the product. 2. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope. 3. Foreign means of transport temporarily passing through China's territory, territorial sea and airspace use the relevant patents in their devices and equipment for their own purposes according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity. 4. Dedicated relevant patents to scientific research and experiments. In fact, the validity period of patent right should correspond to the protection period of patent. At this time, we should pay attention to the different classification of patents, and the corresponding protection period is also different. If it is an invention patent, the maximum protection period at this time is 20 years. But if it is a utility model patent or a design patent, the longest protection period is only 10 year.