Duration of protection of invention patents in China

1. How many years is the protection period of China's invention patent?

The term of patent protection refers to the term of patent protection after the patent is granted the right. After the patent right for invention and utility model is granted, except as otherwise provided in the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.

1. Duration of protection of the invention patent: 20 years from the date of authorizing the application for the invention patent.

2. Term of protection of utility model patent: authorized utility model patent, from the date of filing 10 year.

3. Protection period of design patent: authorized design patent, from the date of application 10 year.

It should be noted that after the patent is granted, the protection period is calculated from the application date, which is generally the date when the application is submitted to the Patent Office (specifically, the time determined by the acceptance notice issued by the Patent Office).

The protection of the patent law is that after the patent right of design is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import the patented product of design for the purpose of production and operation.

Reasons for termination before the expiration of the patent right:

1) did not pay the annual fee.

2) Give up in writing

In fact, the real protection start date is from the authorization date; So that is to say, the real protection date is not ten or twenty years, but less than this time.