1.199265438+February 3 1 before the patent application, the patent right is protected by the original patent law, that is, the protection period of the invention patent is 15 years from the date of application; 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.
2.65438+65438 0993+110 month, the protection period of the patent right obtained after the patent application is applicable to the revised patent law, that is, the protection period of the invention patent is 20 years from the filing date; 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.
Second, how to calculate the patent term?
The first day of the semester (start date) is not included in the entrance period. If calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the current month, the last day of the current month shall be the due date.
For example, the filing date of an application for a patent for invention is1June 65438+ 1 day, and the validity period of its substantive examination request should be 200 1 day, not 20065438. Another example is the notices of 1999, 12 and 16 issued by the Patent Office, which should have been received by 1999, 12 and 3 1. If the notice stipulates that the time limit is two months, the expiration date of the time limit shall be February 29, 2000.
If the due date is a legal holiday, the first working day after the holiday shall be the due date.
Legal holidays refer to New Year (65438+ 10/), Spring Festival (the first, second and third days of the first lunar month), Tomb-Sweeping Day (the day of Tomb-Sweeping Day), Labor Day (May 1), Dragon Boat Festival (the day of Dragon Boat Festival), Mid-Autumn Festival (the day of Mid-Autumn Festival) and National Day (the day of National Day).
Legal holidays refer to Saturday and Sunday every week.
For example, the filing date of a patent application is May 8, 200 1 year, which is the first working day of May, 200 1 year (May 1 -3 is the legal holiday of International Labor Day, and May 4 -7 is the rest day).
As far as the term of patent protection is concerned, according to the requirements of the Patent Law, the longest term of protection for invention-creation patents is 20 years, while the term of protection for utility model patents and design patents is only 10 year. It should be noted that this maximum protection period is based on the annual payment of patent fees in accordance with the regulations. If it is not paid, the protection is likely to be suspended.
Intellectual property: /zscq/