1. How many years is the patent term? It needs to be determined according to the type of patent. They are:
The term of the invention patent right is 20 years;
(2) The term of the patent right for utility model is ten years;
(3) The term of the patent right for design is fifteen years, counting from the date of application.
2. Legal basis: Article 42 of People's Republic of China (PRC) Patent Law.
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.
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(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.
Second, what materials are needed to apply for a patent?
To apply for different types of patents, you need to prepare different materials. They are:
1. To apply for a patent for invention, the application materials shall include: the request, specification, claim, abstract and attached drawings of the invention patent in duplicate;
2. To apply for a patent for utility model, the application materials shall include: the request, specification, drawings of the specification, claims, abstract and drawings of the patent for utility model in duplicate;
3. To apply for a design, the application materials shall include: a request for a design patent, a design picture or photograph, a brief description of the design, etc.