The term of validity of a patent varies according to the type of patent: 1. The term of the invention patent right is 20 years; 2. The term of the patent right for utility model is ten years; 3. The term of patent right for design is fifteen years, counting from the date of application. 4. According to Article 42 of the Patent Law, the term of the invention patent right is 20 years, the term of the utility model patent right is 10 year, and the term of the design patent right is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, 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.
Legal objectivity:
Article 42 of the Patent Law, the term of an invention patent is 20 years, the term of a utility model patent is 10 year, and the term of a design patent is 15 year, all of which are counted from the date of filing. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, 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.