Legal analysis: the protection period of utility model is ten years. Utility model is an independent type of patent protection, which refers to a new technical scheme with applicability for the shape structure of products or their combination. The utility model is relatively low in creativity and technology compared with the invention patent, but it has great practical value. Because utility model is a type of patent, it has the basic characteristics of patent right, such as exclusivity, also known as exclusivity, which refers to the patentee's exclusive right to manufacture, use, sell and import and export his inventions. The second is regionality. The patent right has the characteristics of regionality, which is valid within the jurisdiction of the country and has no binding force on other countries. Foreign countries do not undertake the obligation to protect this patent. The third is the time limit. For utility model patents, the protection period stipulated in China is ten years, counting from the day when the patent is applied.
legal basis: article 42 of the patent law of the people's Republic of China has a term of 2 years for inventions, 1 years for utility models and 15 years for designs, all of which are counted from the date of application.
if a patent for invention is granted after four years from the date of application and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
in order to compensate for the time occupied by the examination and approval of the new drug listing, the patent administration department of the State Council shall compensate the patentee for the patent period of the invention patent related to the new drug that has obtained the listing license in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for listing shall not exceed fourteen years.