How is the duration of patent right stipulated? What is the reason for the regulation?

How is the duration of patent right stipulated? What is the reason for the regulation? The term of patent right refers to the legal effective time of patent right. The patent right is protected by law within the validity period. According to the provisions of the patent law, the legal validity of invention patents is 20 years; The legal validity period of utility model patent and design patent is 10 year. How is the duration of patent right stipulated? The patent laws of different countries have different provisions on the start and end dates of patent rights. 1, from the date of authorization, such as the United States and Canada, from the date of authorization. 2. Counting from the date of application, while most countries in the world, such as German, Australian, Dutch, Swiss and China, count from the date of application. 3. In addition, a few countries, such as Japan, Korea, Austria, etc. , the provisions of the patent period from the date of application announcement. The patent laws of various countries have made a general provision on the term of patent right, that is, the term of invention patent right is longer, while the term of utility model and design is shorter. The reason is that the technical and economic value of utility model and design is lower than that of invention, so from the perspective of public interest, it should not be too long. In addition, from the perspective of fair value, in general, the first two are not as good as the latter and need more social labor. Article 45 of China's Patent Law stipulates that 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, all of which are counted from the date of application. What is the reason for the stipulation of patent term? In view of the fact that patent right is an intangible property right, which is different from ordinary property right, there is no problem of natural termination of rights due to the disappearance of objects. Therefore, the reasons why the patent laws of various countries stipulate the term of patent right are as follows: 1. Patented technology itself has the characteristics of gradually losing property value with the passage of time and the improvement of technical level; 2. Patents have been monopolized for a long time, which is not conducive to the progress of science and technology and the development of the industry as a whole. How is the duration of patent right stipulated? What is the reason for the regulation? We are here to answer this question for you. If you want to know more, 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.