Calculated from the date of application. In Article 42 of the Patent Law of People's Republic of China (PRC), 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, all of which are counted from the date of application. 1. The term of the invention patent right is 20 years; 2. The term of the patent right for utility model and design is 65,438+00 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.
Nature of patent right
1. Exclusivity. Exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
2. timeliness. Timeliness means that the legal protection for patentees is not indefinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it.
3. regionality. Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, the patent right obtained according to the laws of a country is only protected by law in that country, but not in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries, or * * * participates in an international convention on patent protection (intellectual property).
Principle of patent application
1. Formal legal principle. All procedures for applying for a patent shall be handled in written form or other forms stipulated by the China National Intellectual Property Administration Patent Office. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, film and other means of communication are regarded as not submitted and have no legal effect.
2. The principle of oneness. This means that a patent application can only be limited to one invention. However, two or more inventions or utility models belonging to a general inventive concept may be filed as one application; Two or more designs of products sold or used in the same category in sets may be filed as one application.
3. Apply first. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
4. The principle of priority. Patent priority refers to the patent applicant filing a patent application for his invention and creation in a country for the first time, and then filing a patent application for the same theme for his invention and creation within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, and this right enjoyed by the patent applicant according to law is the priority. The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may first apply and get registered.