How long is the duration of patent protection? How many years is the patent protection period?

How long is the duration of patent protection? How many years is the patent protection period? There are three kinds of patents stipulated in China, including invention-creation, utility model and design. For different types of patents, in fact, the legal requirements when applying for a patent right are different, and once the patent right is granted, the legal protection period is actually different. How long is the duration of patent protection? When it comes to the term of patent protection (especially China patents here), some people will involuntarily say that there are two terms of patent protection in China, one is ten years and the other is twenty years. Asked about the source, they all proudly believe that China's patent law actually does not stipulate the term of protection, but only the term of patent (the patent law stipulates that the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, all from the date of application). With regard to protection, it is also mentioned in China's Patent Law that, after the invention and utility model are granted the patent right in Article 11 of the Patent Law [1], unless otherwise stipulated in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and [2] use or promise to use them. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. This article is protected by the patent law. As can be seen from its wording, the real starting date of protection is from the date of authorization; So that is to say, the real protection date is not ten or twenty years, but less than this time. The termination date is also mentioned in China's patent law. Under any of the following circumstances as stipulated in Article 44 of the Patent Law, the patent right shall be terminated before the expiration of the time limit: (1) Failing to pay the annual fee as stipulated; (2) The patentee waives his patent right in writing. In these two cases, the patent terminates, and of course there is a third case, that is, the patent expires and the protection naturally terminates. Then we finally concluded that the protection period of a patent is shorter than the patent period, the starting date is the patent authorization announcement date, and the termination date depends on the patentee, but the longest time is the termination date of the patent period. How many years is the patent protection period? Invention patent: refers to a new technical scheme proposed for a product, method or its improvement. Such as the manufacturing method or technology of products, the formula of materials, the formula of drugs, etc. The protection period is 20 years. Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Where the structure, shape or combination of structure and shape of the product applies for a patent for utility model, the protection period is 10 year. Design patent: refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. The emphasis here is on appearance, which is appearance. For example, handicrafts, packaging boxes, packaging bags and packaging boxes are all designs, and the protection period is 10 year. Regarding different types of patents, the protection period stipulated in China's patent law is different. Among them, the protection period of invention patents is longer, up to 20 years, but the longest for other patents is 10 year. During this period, the patentee actually needs to pay the annual patent fee according to the prescribed standards. How long is the duration of patent protection? How many years is the patent protection period? We are here to answer this question for you. If you want to apply for a patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.