How long is the duration of patent protection? What is the scope of patent protection?
1. What is the duration of patent protection? The term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. The starting point of the patent protection period is not the patent announcement date, but the patent announcement date is the starting point for the patentee to obtain the patent right. The filing date of all kinds of patents is earlier than the announcement date, which means that the patent protection period enjoyed by the invention patentee is less than 20 years, and the patent protection period enjoyed by the utility model patentee and the design patentee is less than 10 years. For the patentee, the patent that exceeds the protection period becomes public technology, and everyone can use it for free. This patent has no selling point in the commodity market. Therefore, we should pay attention to the application date when purchasing patents, which will affect the consideration of patent transfer. It should also be noted that China's patent law stipulates that the transfer of patent application right or patent right shall take effect from the date of registration. Therefore, the patent "buyer" should remember to go to the relevant departments in China National Intellectual Property Administration to register the patent transfer, so as to prevent others from infringing and ensure the maximization of their own patent rights. Second, what is the scope of patent protection? The scope of patent protection for inventions or utility models shall be subject to the contents of the claims, and the description and drawings may be used to interpret the claims; The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. According to the provisions of the Patent Law, the patent claim of an invention or utility model shall specify the technical features of the invention or utility model and clearly and concisely specify the scope of protection requested. Claims include independent claims and dependent claims. The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical characteristics to solve its technical problems; The dependent claims shall further define the cited claims with additional technical features. Each claim defines a protection scope, which is defined by all the necessary technical features in the recorded claims, and the combination of these technical features constitutes the technical scheme protected by the claims. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. For different types of patents, the protection period stipulated in the patent law is different. Among them, the patent protection period for inventions is 20 years, which is also the longest. As for utility model patents and design patents, the longest protection period is 10 year. It should also be noted that the patentee needs to pay an annual fee during the patent protection period, otherwise the patent protection will be suspended.