How long is the duration of patent protection?

Legal subjectivity:

How long is the patent right? Patents are divided into inventions, utility models and designs. The protection period of inventions is 20 years, and that of utility models and designs is 10 year. From the date of filing 1 year, invention patent -20 years 2, utility model-10 year 3, design-10 year It should be noted that the starting date of patent protection period is from the date of filing, not from the date of patent authorization. An 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. A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The structure, shape or combination of structure and shape of any product shall apply for a patent for utility model. "New technical scheme" is mentioned in both invention and utility model patents. Simply put, you must be creative, be advanced than the existing technology, and lag behind the existing technology, so you can't apply for a patent. A 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 "appearance" emphasized here is the appearance. For example, handicrafts, packaging boxes, packaging bags and packaging boxes all belong to design. In recent years, the city has applied for a considerable number of design patents, accounting for 80% of the total number of patent applications. Relevant laws According to China's patent law, inventions include three categories, namely, inventions, utility models and designs; The following is a detailed overview of their protection periods: the protection period of invention patents is 20 years, and the protection period of utility model patents and design patents is 10 years. This shows that once an invention is patented, it can only be protected by law for 20 years at most. After this period of time, your inventions and technological innovations will be placed in the public domain and contributed to society for free. After applying for a patent, it means that your invention will be made public and anyone can easily obtain your technology. Although it can be protected by law, this protection is strictly limited by legal provisions. In China, a vast country, there are bound to be great obstacles in protecting patent rights nationwide. Related knowledge: the termination of the patent protection period 1, and the expiration of the protection period; 2. Failing to pay the annual fee as required; 3. The patentee waives his patent right in writing.

Legal objectivity:

At the end of 1992, the State Administration of Medicine promulgated the Regulations on the Administrative Protection of Drugs, giving retrospective administrative protection to drug inventions before 1993. The period of administrative protection of drugs is 7 years and 6 months. 1993, China revised the patent law to protect drugs and chemical substances, and extended the protection period of invention patents from 15 to 20 years. 199 12 In April, the State Administration of Pharmaceutical Products issued the Regulations on the Protection of New Drugs and Technology Transfer, which made it clear that the protection period of various new drugs was: 12 years for the first class of new drugs; The second and third types of new drugs are 8 years; The fourth and fifth kinds of new drugs have been used for 6 years. If a new drug has a trial production period, its protection period includes the trial production period. Since China officially joined the WTO on February 200 11/year 10, it has complied with the requirements of the Agreement on Trade-related Aspects of Intellectual Property Rights, providing effective protection for the unpublished data of drugs and agrochemical products with new chemical components that have applied for market permission. The protection period is 6 years after the drug supervision department approves the listing.