How is the protection period of utility model patent calculated?

1. The protection period of the patent right obtained according to the patent application before 1992 12 3 1 is applicable to the original patent law, that is, the protection period of the invention patent is 15 years from the date of filing; The term of protection of utility model patents and design patents is five years from the date of application, and the patentee may apply for renewal three years before the expiration.

2. After 1 99365438+101,the protection period of the patent right obtained according to the patent application is applicable to the revised patent law, that is, the protection period of the invention patent is 20 years from the date of application; The protection period of utility model patent and design patent is 10 year from the date of application.

The utility model patent is one of three kinds of patents (invention, utility model and design), and utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent law requires lower creativity and technical level of utility model than invention patent, but it has great practical value. In this sense, utility models are sometimes called small inventions or small patents.

Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC).

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.