How long is the right to use the invention patent?

According to the patent application obtained before199265438+February 3 1, the protection period of the invention patent right is 15 years; The protection period of utility model patent and design patent is 5 years, and the patentee may apply for renewal 3 years before the expiration. According to the patent right obtained after 1 99365438+1October1,the protection period of the invention patent right is 20 years; The protection period of utility model patent and design patent is 10 year. The term of protection shall be counted from the date of application. The "filing date" mentioned here does not include the priority date. For a patent application with priority, the protection period of the patent right is not calculated from the priority date, but from the date when the patent applicant submits the patent application to the patent administration department. (II) Termination of the patent right The termination of the patent right refers to the situation that the patent right is extinguished due to the occurrence of some legal fact. There are two kinds of termination of patent right: 1, which is terminated due to the expiration of the protection period. In other words, the patent expires because of its protection period. 2. The patent right shall be terminated before the expiration of the protection period. (1) Before the expiration of the patent protection period, the patentee renounced the patent right in written form to the patent administration department of the State Council. The patent law stipulates that if the patentee waives the patent right in writing, the patent right will be terminated before the expiration of the time limit; (2) During the period of patent protection, the patentee fails to pay the annual fee according to law. The patent law stipulates that if the annual fee is not paid according to law, the patent right shall be terminated before the expiration of the time limit. Where the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administrative department of the State Council in the patent register and patent announcement. The termination date of the patent right is the expiration date of the previous year. "