The term of an invention patent is twenty years.
The term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application.
1. The validity period of invention patents should be from the date of authorization announcement to 20 years after the date of application, while utility model and design patents should be valid from the date of authorization announcement to 10 years from the date of application.
2. The validity period of invention patents is generally 20 years. In special cases, such as design patents and other patents, the validity period is 10 years. During the validity period, annual fees must be paid according to regulations. If the payment is not made or If you automatically apply for patent abandonment, the validity period of the invention patent will also terminate. Invention patents can better protect the legitimate rights and interests of the inventor, and at the same time, a certain number of years can also make the invention more widely used.
Legal Basis
"Patent Law of the People's Republic of China"
Article 42 The term of invention patent rights is twenty years. The term of a new type patent right is ten years, and the term of a design patent right is fifteen years, both calculated from the date of application.
If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, make a decision on the invention patent in Unreasonable delays in the grant process will be compensated for the duration of the patent right, except for unreasonable delays caused by the applicant.
In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the Patent Administration Department of the State Council will provide patent period compensation at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years. Article 49 If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may report to the State Council for approval and may decide on the scope of approval. Promotion and application within the country, and implementation by designated units is allowed, and the implementation unit shall pay royalties to the patentee in accordance with national regulations.