Duration of invention patent and utility model design

Legal analysis: the term of invention patent is 20 years, and the term of protection of design and utility model patent is 10 years, both from the date of application. Article 39 of the Patent Law stipulates that the invention patent right shall take effect as of the date of announcement. According to Article 42 of the Patent Law, the duration of the patent right for invention is 20 years, and the duration of the patent right for utility model and design is 10 years, counting from the date of application. The actual protection period begins after the announcement of authorization (the invention patent is temporarily protected from the date of publication to the date of announcement of authorization), so the period from the date of application to the date of announcement of authorization is not the effective period of the patent right, and the actual protection period is less than 20 years, 10 year. Since the date of application, it is only a way to calculate the time limit, so you don't need to doubt, because this legislation is in line with the international treaties that China has joined and the legislation of similar countries, and it takes into account the actual situation of our country.

Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC) has a term of 20 years, and the protection period of design and utility model patents is 10 years, counting from the date of filing.