According to the provisions of the first and second paragraphs of Article 42 of the Patent Law, the term of the invention patent right is 20 years, the utility model patent right is 10 year, and the design patent right is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, 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.
Second, what are the benefits of patent application?
1. As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises.
2. Enterprises will apply for patents for scientific research achievements, which is the basis for enterprises to implement patent strategy.
3. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry.
4. Enterprises can gain long-term benefits by applying the patent system.
5, enterprises have a patent is a necessary prerequisite to declare high-tech enterprises, innovation funds and other scientific and technological plans and projects.
Third, how to protect patent rights.
Ways to protect patent rights: conscientiously implement patent protection laws and regulations. It is necessary to enhance the awareness of legal protection of patent rights and strengthen the popularization and publicity of domestic and foreign patent protection laws and regulations. In order to encourage citizens to apply for patents, the state must introduce a series of measures to encourage researchers to apply for patents more actively. Establish a more perfect patent transfer mechanism and strengthen patent protection. The international protection of patent rights is achieved through treaties reached between countries.
The above is an introduction on how to deal with expired patents compiled by Bianxiao Station of Law Express. I hope it helps you. To sum up, we know that we can't apply for renewal after the patent expires, so we must know how long the patent protection period is. If you have any other questions, you can also consult the Legal Express.
Disclaimer: This content is synthesized by the author according to laws and regulations, government official website and Internet related content. If there is any infringement or error, please contact the platform to delete it.
Relevant laws
[1] Article 42 of the Patent Law of People's Republic of China (PRC)
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