When is the patent right usually counted?

The term of the patent right starts from the date of application. According to relevant laws and regulations, the term of patent right for design is fifteen years, the term of patent right for invention is twenty years, and the term of patent right for utility model is ten years, all of which are counted from the date of application.

legal ground

In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application. Article 43 The patentee shall pay the annual fee from the year when the patent right is granted. Article 44 In any of the following circumstances, the patent right shall be terminated 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.