There are three kinds of patents in China: invention patents, utility model patents and appearance patents, and their validity periods are as follows:
(1) Invention patent: The protection period of invention patent is 20 years from the date of application.
(2) Patent of utility model: The protection period of patent of utility model is 10 year from the date of filing.
③ Appearance patent:? The term of protection of design patents is 15 years from the date of application (the Patent Law of People's Republic of China (PRC) (Revised Edition, 2020) adjusted the term of protection of design patents from the original 10 year to 15 year, and it was implemented on June 6, 20021year).
Basis: People's Republic of China (PRC) Patent Law (revised in 2020)
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.
2. All the above patents shall take effect as of the date of announcement.
Basis: People's Republic of China (PRC) Patent Law (revised in 2020)
Article 39? If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
Article 40? If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.