1. According to the provisions of China's patent law, how long is the patent protection period?
Patents are divided into inventions, utility models and designs. The protection period of inventions is 20 years, and that of utility models and designs is 10 year. From the date of application.
1, invention patent -20 years
2. Utility model-10 year
3. Design-10 year
An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Such as the manufacturing method or technology of products, the formula of materials, the formula of drugs, etc.
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The structure, shape or combination of structure and shape of any product shall apply for a patent for utility model.
"New technical scheme" is mentioned in both invention and utility model patents. Simply put, you must be creative, be advanced than the existing technology, and lag behind the existing technology, so you can't apply for a patent.
A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. The "appearance" emphasized here is the appearance. For example, handicrafts, packaging boxes, packaging bags and packaging boxes all belong to design. In recent years, the city has applied for a considerable number of design patents, accounting for 80% of the total number of patent applications.
It should be noted that the starting date of the patent protection period is calculated from the date of application, not from the date of patent authorization.
Second, the termination of the patent
Patent termination:
1, the protection period expires;
2. Failing to pay the annual fee as required;
3. The patentee waives his patent right in writing.
Third, the law stipulates that
According to Article 42 of China's Patent Law, 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 of which are counted from the date of application.
After the expiration of the protection period, the patent loses its protection and becomes the intellectual wealth of all mankind in the public domain. Before the expiration of the protection period, if the patentee pays the annual fee according to the regulations, the patent protection will also be terminated, causing great losses to the patentee, so the obligee must pay the annual fee on time. If the patentee gives up the patent in writing, the patent protection will also be terminated.