2. timeliness. The so-called temporality of patent right means that the patent right has a certain term, that is, the protection period stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to his invention-creation. Inventions and creations protected by law have become the public wealth of society, and any unit or individual can use them free of charge. Article 42 of China's Patent Law stipulates: "The term of patent right for invention is 20 years, and the term of patent right for utility model and design is 10 years, all of which are counted from the date of application."
3. It is regional. The so-called regionality is the space limitation of patent right. It means that patents granted and protected by a country or region are only valid within the scope of that country or region and have no legal effect on other countries and regions. Its patent right can not be confirmed and protected, and it can only be produced in a certain area and protected by law.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this 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 the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year. 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. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.