How long is the validity of the appearance patent?
The patent protection period of design in China is 10 year. In the design applied for in 1993, the patent right was obtained and the protection period of the patent right reached less than 10% of10 years. Most people apply for patents only to obtain patent certificates, so as to obtain professional titles, taxes and other benefits. [5] Therefore, after obtaining the patent right, we do not have the consciousness of applying the patent to industrial production, and many patents lose their patent rights because of the patentee. Some patentees only want to obtain short-term commercial benefits, and do not take it as their own brand products to occupy the market for a long time. For some powerful and strategic enterprises, it is hoped that their products can occupy the market for a long time and get effective legal protection. For them, the protection period of 10 years is relatively short. For designs, the protection period is different in different countries' laws: the protection period of Japanese designs is from the date of approval of registration 15 years; In Germany, the protection period is 20 years from the date of application; In Britain, the protection period is 5 years from the date of registration, which can be extended for 4 times for 5 years each time; In the United States, the protection period is 14 years from the date of issuance of the certificate; In France, the protection period is 25 years from the date of application, which can be extended for another 25 years after the registrant declares. It can be seen that the protection period of design patents in China is relatively short compared with developed countries. In my opinion, since the protection mechanism of registration and non-registration is advocated, the protection period of an approved registered design patent can be set at 5 years from the date of application and can be renewed for 4 times, each time for 5 years. This can not only meet the needs of the obligee for short-term protection of design, but also meet the needs of large enterprises for long-term patent protection of design. For different types of patents, in fact, the protection period stipulated by our laws is different. Generally, if it is an invention-creation patent, the longest protection period is 20 years. However, if it is a utility model or design patent, the longest protection period stipulated by law is 10 year. So how long is the validity of the design patent? The answer is 10 year.