The term of patent right refers to the legal term and termination time of patent right. If the patent right has not been terminated for other reasons since the announcement of the authorization of the patent right, the patent right shall be terminated on the expiration of the patent right period. According to the provisions of the patent law, the term of invention patent is 20 years; The term of utility model patent and design patent is 10 year, counting from the date of application. Therefore, international patents are not permanent. Although the patent term stipulated in Article 42 of the Patent Law is calculated from the date of application, this is only the starting point for the calculation of the patent term, which does not mean that the patent right will take effect from the date of application. According to the provisions of Articles 39 and 40 of the Patent Law, the patent right shall take effect from the date of authorization announcement. Since a patent application must be examined by the Patent Office before it can be granted a patent right, it will take some time from the date of application to the announcement of authorization by the Patent Office. In this way, the term of validity of the patentee of invention patent must be less than 20 years, and the term of validity of the patentee of utility model and design patent must be less than 10 years.
legal ground
Article 42 of the Patent Law of People's Republic of China (PRC)
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.