The protection time of invention patent rights is calculated as twenty years from the date of application. According to relevant legal provisions, the term of utility model patent rights and design patent rights is ten years, and the term of invention patent rights is twenty years, both calculated from the date of application.
Legal Basis
Article 42 of the Patent Law of the People’s Republic of China that came into effect on June 1, 2021
Invention Patent Rights The term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
Article 43
The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44
Patent rights shall be terminated before expiration in any of the following circumstances:
(1) Failure to pay annual fees as required
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.