The term of protection of an invention patent is 20 years, counting from the date of application.
According to Article 42 of the Patent Law, the term of the invention patent right is 20 years, the term of the utility model patent right is 10 year, and the term of 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.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.
Legal objectivity:
How long is the protection period of the invention patent? The term of the invention patent is 20 years, and the term of the utility model patent and the design patent is 10 years, both of which are counted from the date of application. According to the relevant provisions of China's patent law, the patent right for invention in China is 20 years, and the patent right for utility model and design is 10 years, counting from the date of application. The term of the patent right shall be counted from the date of application. According to Article 45 of the Patent Law, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, all of which are counted from the date of filing. This article explains that patent right is different from movable property and immovable property. The ownership of movable and immovable property has no time limit, but the patent right is only valid within the time limit prescribed by law. This feature of patent right is determined by its essence and purpose. The purpose of establishing a patent system is to encourage inventions through the protection and use of inventions, and it must seek a balance between the interests of inventors and the public. From the last decade, the protection period of invention patents, especially those inventions with large investment and long time consumption, such as medicines, has a tendency to be extended. For example, the United States stipulates that the protection period of drugs is 17 years from the date of approval, which can be extended by 5 years. The European Union has also made a similar decision, and the protection period of drugs is 20 years from the date of application, which can be extended by 5 years. According to the provisions of China's patent law, the patent right is "calculated from the date of filing". However, it does not mean that the patentee enjoys the exclusive right of implementation from the date of application. According to the provisions of Article 8 of the Patent Law, a patent application shall be examined and approved by the record, and it can only be formally produced after the patent office grants the patent right. The patentee has the right to prohibit others from manufacturing, using, selling or importing the patented product or using the patented method for production and business purposes without his permission. As far as the invention patent is concerned, because the invention content has been made public before the authorization decision is made (from the date of application 18 months), the competitor of the applicant may already know the content required to be protected in the patent application, which poses a threat to the interests of the patentee. Therefore, Article 13 of the Patent Law stipulates: "After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee. There is a time limit for the protection of invention patents. When applying for a patent, we should know exactly how many years it can be protected and use it to create the highest value within the specified time.