How many years is the validity of the invention patent right? The patent right for invention shall be valid for 20 years from the date of application. Article 2 of the Patent Law stipulates that inventions mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Paragraph 1 of Article 42 stipulates that the term of patent for invention is 20 years, that for utility model is 10 year, and that for design is 15 year, counting from the date of application.
Legal objectivity:
How long is the patent right for invention valid? According to Article 42 of the Patent Law, the term of the invention patent right is 20 years, counting from the date of application. According to the first paragraph of Article 1 1 in the Detailed Rules for the Implementation of the Patent Law, the starting point of the patent protection period should be the actual filing date in the Chinese Patent Office, not the priority date. To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original. For inventors who have obtained patents, the following points should be considered when transferring patents: 1. Avoid blindly expanding the value of patents-on the basis of patent transfer, we should take the principle that business can be concluded, otherwise the cooperation will fail; 2. Avoiding rapid patent transfer is a legal procedure. It is suggested that insiders in related industries (such as lawyers) entrust related businesses instead of signing contracts themselves; 3. Cooperation should be the first priority. The purpose of patent development is not only to affirm oneself, but also to benefit and contribute to society and life. A patented technology with a certain technical content and market capacity can only become a technology before it is transformed into a huge productivity. Therefore, to a certain extent, industrialization is the highest standard for the benefit of society and mankind. We should also make appropriate concessions and lower the reserve price. After all, cooperation requires the sincerity of both parties.