1. According to the relevant laws and regulations, the validity period of different types of patent rights is different, as follows:
(1) The term of the invention patent right is 2 years;
(2) The term of patent right for utility model is ten years;
(3) The term of the design patent right is fifteen years, counting from the date of application.
2. Legal basis: Article 42 of the Patent Law of the People's Republic of China
The duration of the invention patent right is 2 years, the utility model patent right is 1 years, and the design patent right is 15 years, 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.
II. What are the conditions for granting the patent right
1. Inventions and utility models that are granted the patent right should be novel, creative and practical;
2. The design for which the patent right is granted shall be novel and distinctive, and shall not conflict with the prior legal rights of others.