The term of patent protection refers to the term of patent protection after the patent is granted the right. China's Patent Law stipulates that "the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application".
The validity period of the invention patent is 20 years from the date of authorization announcement to the date of application, and the utility model and design patent is 10 year from the date of authorization announcement to the date of application.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
This article is protected by the patent law. As can be seen from its wording, the real starting date of protection is from the date of application. So that is to say, the real protection date is not ten or twenty years, but less than this time.
Brief introduction of patent law;
Patent law is the sum total of legal norms to adjust certain social relations arising from inventions and promote technological progress and economic development. As far as its nature is concerned, patent law is both a domestic law and a foreign-related law; It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval.
It is not only a law to adjust the vertical relationship between patent application, examination, approval and patent implementation management, but also a law to adjust the horizontal relationship between patent ownership, patent transfer and license. It is not only a law to adjust the patent personal relationship, but also a law to adjust the patent property relationship.
It mainly includes the following contents: the qualification of the applicant for a patent for invention, the object protected by the patent law, the patent application and examination procedure, the conditions for obtaining a patent, the patent agency, the ownership of the patent right, the occurrence and extinction of the patent right, the protection period of the patent right, the rights and obligations of the patentee, the patent implementation, transfer and use license and the protection of the patent right.