The period of validity of the patent right shall be counted from the date of application. 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, both counting from the date of application. Patent applications are divided into appearance patents, utility model patents and invention patents. 1. Appearance patent: The patent application number, namely the patent number of the later patent certificate, will be issued in about one week after receiving the notification of acceptance from the Patent Office within five working days. After receiving the Notice of Patent Authorization about five months from the date of application (after authorization, you can check it on Guangdong Intellectual Property Network), and pay the certificate fee about two months later to issue the Patent Certificate. The whole application period is about half a year, and the validity period is 10 year (from the date of application). 2. Patent for utility model: You will receive the "Notice of Patent Acceptance" from the Patent Office in a week or so, and issue the patent application number. From the date of application, I received the Notice of Authorization from the Patent Office about 12 months. After paying the certificate fee as required, the patent certificate can be issued in about two months. The whole application period is about one year, and the validity period is 10 year (from the application date). 3. Invention patent: The patent application number was issued in about a week, which is the later certificate patent number. It takes about three months to issue the notice of preliminary examination, six months to enter the preliminary announcement, nine months to enter the substantive examination, about 12 months to issue the notice of review opinions, about 18 months to issue the notice of review opinions, about 22 months to authorize, and about two months to issue the certificate after paying the relevant certificate fee. The whole application period is about two years, and the validity period is 20 years (from the date of application).
Legal objectivity:
patent law of the people's republic of china
Article 42
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention has been granted for four years from the date of application for a patent for invention and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay in the process of granting the patent for invention, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.