Duration of protection of invention patents and utility model patents

Legal analysis: the term of protection of invention patents is 20 years, counting from the date of application. In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.

Legal basis: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.