The term of patent protection: the term of invention patent rights is twenty years, the term of utility model patent rights and design patent rights is ten years.
1. The length of patent protection period varies from country to country. In most countries, it is between 16 and 20 years. Taking my country as an example, the term of invention patent rights is 20 years from the date of application, the term of new model patent rights is 12 years, and the term of new model patents is 10 years. The U.S. "invention" patent term is 17 years, and the "new model" patent period is divided into three and a half years, seven years and 14 years, which are designated according to the needs of the applicant. They are all calculated from the date of issuance after verification. (Note) After the patent protection period expires, the invention will be open for public use. However, during the patent protection period, the invention patent right will also be extinguished due to reasons such as failure to pay the patent annual fee, abandonment by the patentee, or the death of the patentee with no one claiming to be his heir.
2. Most countries adopt a review system for patent granting. Before the patent agencies of various countries grant patents, well-trained patent examination committees will conduct a prior case investigation. Based on the information obtained from the investigation, they will examine and determine whether the novelty and progress requirements are met, which will serve as the basis for refutation. The level of scrutiny also varies from country to country. Most countries adopt the "first-to-file principle". When different inventors apply for patents for the same invention, technology or product, the patent right is awarded to the first applicant. This is the approach adopted by our country. The United States adopts the "first to invent doctrine". When two or more people have the same invention and apply for patents successively, the patent right can be granted to the inventor who proves to be the earliest inventor, regardless of the time of application.
3. If the patent registration request of a citizen or entity is accepted and approved by the Patent Administration Department of the State Council, the Patent Administration Department of the State Council will make a decision to grant the invention patent right and issue an invention patent certificate. be registered and announced. The patentee can then exclusively enjoy the patent rights within the period of legal protection.