Article 42 of the Patent Law, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, counting from the date of application.
Article 77 of the Detailed Rules for the Implementation of the Patent Law stipulates: "If an agency uses an invention after the publication of an application for a patent for invention, but fails to pay an appropriate fee before being granted a patent right, it may also directly bring a suit in a people's court and request the people's court for mediation."
According to China's Patent Law (1984), the system of preliminary examination plus objection is implemented for utility models and designs, and the objection system for patent applications is abolished in the amendment to the Patent Law (1992), and the date when the Patent Office makes the examination decision is the date of patent authorization.
Extended data
(1) Inventions that violate public order and good customs are generally not patented. However, the application of this provision is closely related to the class nature of the country.
(2) The basic principles of scientific discovery and natural science are not patented because they cannot be directly applied to industrial and agricultural production. Many countries give awards according to special laws (see right of discovery). The patent law of the United States clearly stipulates that its scope of application includes "invention" and "discovery", and its viewpoint is: "anything new under the sun can apply for a patent."
(3) Some material inventions, such as those obtained by chemical methods, those obtained by nuclear transformation, and foods and beverages, are not patented in most countries, but patented in a few industrialized countries. Its manufacturing method can also be patented in general.
(4) Many countries do not grant patents to new varieties of animals and plants, and a few countries stipulate that patents should be granted.
⑤ Diagnostic medical methods and drugs are also patented by a few countries.
⑥ Computer programs (software) have been patented by very few countries.
Baidu Encyclopedia: Patent Law