How many years is the duration of the patent right?

How many years is the patent protection period, depending on the type of patent. 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. How many years is the duration of the patent right? Let me give you a detailed answer.

1. How many years is the duration of the patent right?

1, how many years is the patent protection period, depending on the type of patent:

(1), the term of the invention patent right is twenty years;

(2) The term of the patent right for utility model is ten years;

(3) The term of design patent right is fifteen years.

2. Legal basis: Article 42 of People's Republic of China (PRC) Patent Law.

Second, what is the legal liability for patent infringement?

1, administrative responsibility

For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.

2. Civil liability

(1) Stop the infringement. It means that the patent infringer should immediately stop the patent infringement under implementation according to the decision of the department in charge of patent work or the judgment of the people's court.

(2) Compensation for losses. The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee.

(3) eliminate the impact. When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act to eliminate the adverse influence on the patented product.

3. Criminal responsibility

In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.

According to the provisions of the patent law, the duration of patent protection depends on the type of patent. 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.