1. The term of the invention patent right is twenty years, counting from the date of application. According to the law, the patentee who has obtained the invention patent needs to pay the annual fee in the year when the patent right is granted. If the payment is not made in accordance with the provisions, the patent right will be terminated before the expiration of the time limit.
2. Legal basis: Article 42 of People's Republic of China (PRC) Patent Law.
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.
Second, how long does it take to authorize the invention patent?
It takes about three years for an invention patent to be patented. Invention patents will generally be published after the date of filing 18. If a real test is put forward after it is made public, it usually takes two levels to authorize it, which takes more than two years. In short, it depends on the specific case and the examiner. The law does not limit the examination time, but only the applicant's defense time. You can also apply publicly in advance for a real trial, which will be faster, but the authorization will not be earlier than 18 months at the earliest. Even if the internal audit is completed within 18 months, the authorization will wait until 18 months, because the problem of application conflict will be considered. Invention patents are not protected before publication, that is, they have not been infringed by others from the date of application to the date of publication; It is a temporary protection from the date of publication to the date of authorization, which can be traced back after authorization. In other words, if the application is not authorized in the end, it will not be protected, and it will only be truly protected after authorization, so it will not be protected after acceptance.