Term of patent right for utility model

Legal analysis: the term of patent right for utility model is 10 year, counting from the date of application. The termination of patent rights can be divided into:

(1) Expiration: the patent right of utility model or design shall be maintained for 65,438+00 years from the date of application, and shall be terminated according to law;

(2) Termination without compensation: If the patentee fails to pay the annual fee and late payment fee in full as required, the patent right shall be terminated from the expiration date of the previous year. The product shape mentioned in the utility model patent refers to the definite spatial shape that can be observed. Gaseous, liquid, powdery, granular substances or materials, which have no definite shape, cannot be used as the shape characteristics of utility model products.

Legal basis: The term "utility model" as mentioned in Article 2 of the Patent Law of People's Republic of China (PRC) refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application. Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.