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. After authorization, the annual fee should be paid to the State Patent Office every year, and the payment time is once a year, currently within one month. The term of patent protection refers to the term of patent protection after the patent is granted the right. The following methods can be used to achieve the purpose of extending the validity period:
1. If you apply for the patent of 1 before the priority, and apply for the patent at the end of the priority time of 1 year, and claim the priority of the earlier application, then the protection time can be one year longer than normal.
2, continue to develop patents on the basis of the original patent, the original
If the patented technology is further advanced, you can still apply for a patent, then you can maintain the patent monopoly.
The scope of patent protection includes
1. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, which may be explained by the specification or attached drawings. How to determine the content of patent protection shall be subject to the scope determined in the claims. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The patent protection right granted by a country or region is only valid within the scope of that country or region, and other countries and regions have no legal effect, so the patent protection right is not recognized. Term of patent protection: 20 years for invention patents, and 10 year for utility model patents and designs from the date of filing. If the patent protection period expires, the annual fee is not paid or the patent is voluntarily abandoned, the patent right will no longer be protected. The independent claim includes a preamble part and a characteristic part. The preface shall indicate the name of the technical scheme of the invention or utility model, the necessary technical features of the existing technology closest to the theme of the invention or utility model, and the technical features different from the closest existing technology shall be indicated in the feature part. The technical features of the characteristic part are combined with the technical features of the preamble part to define the scope of protection required by the invention or utility model.
Legal basis:
patent law of the people's republic of china
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year. 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.
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 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.
Derivative problem:
Application process of invention patent
The application process of invention patent is: 1. When filing an application, the applicant shall request documents such as books, specifications, abstracts and claims; 2, the first trial, the general period is eighteen months; 3, substantive review, the general period is three years; 4. Approval of registration. patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.