How to calculate the protection time of invention patent right

1. The timeliness of patent right is one of the characteristics that patent right is different from tangible property ownership as intellectual property. As for the ownership of tangible property, if the property itself is not destroyed, the ownership of the property owner will always exist. The patent right is not like this. The patent term prescribed by law expires or terminates ahead of schedule. Although the invented technology itself still exists, the patent right does not exist. In other words, the exclusive right to use this technology no longer exists. Inventions have created social wealth and anyone can use it for free. When the law stipulates the term of the patent right, the interests of the patentee should be fully and properly protected, and the prescribed term of protection should not be too short, otherwise it will not be conducive to mobilizing the enthusiasm of invention and creation; At the same time, the interests of the state and the public should be considered, and the protection period of patent right should not be too long, otherwise it is not conducive to the promotion and application of advanced technology. China's Patent Law promulgated in 1984 stipulates that the term of invention patent is 15 years, and the term of utility model and design patent is 5 years, which can be extended for 3 years. When the Patent Law was first amended in 1992, the duration of invention patents was extended to 20 years, and that of utility model and design patents was extended to 15 years, which was consistent with the provisions of the TRIPS Agreement and longer than the legal provisions of other countries in the world on the duration of patents, which fully reflected China's emphasis on intellectual property protection. Of course, for the patentee, during the legal patent protection period, the patentee can decide the actual protection period by not paying the annual fee or giving up the patent right according to the development cycle of the professional technology and the implementation of the patented technology. 2. According to the provisions of this article, the term of the patent right shall be calculated from the date of application, that is, from the date when the patent applicant actually submits a patent application to the patent administration department of China. The filing date mentioned here does not include the priority date. What is stipulated here is only the calculation of the start date of the patent term. With regard to the entry into force of the patent right, according to the provisions of Articles 39 and 40 of this Law, it shall come into effect as of the date when the patent administrative department of the State Council issues the patent certificate and makes an announcement. Like invention patents, utility model patents and design patents also have a certain protection period. According to the requirements in the patent law, the protection period of invention patents in China is the longest, that is, 20 years. If it is the other two patents, then the longest protection period is 10 year. Of course, this also needs to be based on the continuous payment of annual patent fees by the patentee as required during the protection period.