How many years is the limitation of invention patent from the date of application?

the invention patent right is calculated as 2 years from the date of application. According to the relevant laws and regulations, the term of invention patent right in China is 2 years, the term of utility model patent right and design patent right is 1 years, and the starting date of the above rights is the application date.

Legal Basis

Article 42 of the Patent Law of the People's Republic of China

The term of the invention patent right is 2 years, and the term of the utility model patent right and the design patent right is 1 years, counting from the date of application.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(1) Failing to pay the annual fee as required;

(2) the patentee renounces his patent right in writing.

if the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.