According to the relevant laws and regulations of our country, the protection period of invention patent rights is twenty years, the protection period of utility model patent rights is ten years, and the protection period of design patent rights is fifteen years.
The invention patent right is granted four years from the date of application for an invention patent, 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, provide patent term compensation for unreasonable delays in the authorization process of invention patents, except for unreasonable delays caused by the applicant.
In order to compensate for the time taken up by the review and approval of new drugs on the market, invention patents related to new drugs that have been approved for marketing in China are issued. The patent administration department of the State Council shall provide patent term compensation at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
Invention patent application
The applicant provides original technical data and personal information, entrusts a patent agency, signs an agency agreement, and writes a patent application document that meets the requirements of the patent law; If necessary, you can search first. Submit the patent application documents to the National Patent Office, obtain the patent application number, and pay the patent application fee as required. After entering the preliminary examination and passing the examination, the invention patent application will be published in the patent gazette and website 18 months after the filing date; according to the applicant's request.
You can also request early disclosure at any time within 15 months from the application date and enter the substantive examination stage. The applicant may file a substantive examination with the Patent Office at any time within 3 years from the date of application, or may file a substantive examination after the patent application is published. If a substantive examination is initiated, the patent substantive examination fee must be paid in accordance with regulations.