The role of patent system

The implementation of the patent system has the following functions: safeguarding the legitimate rights and interests of the patentee; Promote the disclosure and dissemination of inventions and technologies to the whole society; Promote the study and research of other units and individuals, promote invention and creation, and improve innovation ability; Promote scientific and technological progress and economic and social development.

legal ground

Article 1 of the Patent Law of People's Republic of China (PRC)

This Law is formulated with a view to protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.

Article 42

The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(a) failing to pay the annual fee in accordance with the provisions;

(2) The patentee waives his patent right in writing.

Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.