Ten or twenty years of patents

Legal analysis: According to Article 42 of the Patent Law, 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. For most countries, the protection period of invention patents is less than 20 years. But for design patents, the protection period in many countries is longer than 10 year. For example, in Japan, Russia and other countries, the longest period of design protection can be 15 years, while in Germany and Spain, the longest period can be 20 years.

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

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.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit: (1) Failing to pay the annual fee as required; (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.