1. If it is a patent right for invention, its protection period is twenty years, counting from the date of application;
2. Where a new patent right or design patent right is used, the protection period shall be ten years, counting from the date of application.
legal ground
Article 42 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
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 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:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Where 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.