The patent for utility model, also called small invention or small patent, is the object of patent right and the object of patent law protection, and refers to the utility model that should be granted patent right according to law. The most important content of patent right is how long the protection period of patent right is. China's 1984 patent law and its detailed rules for implementation stipulate that the term of utility model patent is five years, and the patentee can apply for an extension of three years before the expiration of five years, while the patent law first revised in 192 extended the term of utility model patent to 10 years. 1. The protection period of the patent right obtained according to the patent application before 1992 12 3 1 is applicable to the original patent law, that is, the protection period of the invention patent is 15 years from the date of filing; The term of protection of utility model patents and design patents is five years from the date of application, and the patentee may apply for renewal three years before the expiration. 2. After 1 99365438+101,the protection period of the patent right obtained according to the patent application is applicable to the revised patent law, that is, the protection period of the invention patent is 20 years from the date of application; The protection period of utility model patent and design patent is 10 year from the date of application. In most countries that implement the system of utility model, the protection period of utility model is shorter than that of invention patent, mostly below 10 or 10. For example, the Japanese utility model patent was changed from 1994 1 on the announcement date to 10 on the filing date. There are also a few countries that have long stipulated the term of utility model patents. For example, South Korea stipulates that the term of utility model patent is 10 year from the date of announcement, and it is increased to 15 year from the date of filing. Spain even stipulates that the protection period of utility model is 20 years. It can be seen that the protection period of utility model patents in China is 10 years, and it can be renewed according to the applicant's application after 10 years. 2. 1 Termination of the protection period of the patent for utility model, and the protection period expires; 2. Failing to pay the annual fee as required; 3. The patentee waives his patent right in writing. The above is an introduction about how long the patent protection period of utility model is. I hope it can help you understand the patent protection period of utility model.
Legal objectivity:
patent law
Article 42
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.