How long is the patent valid?

Legal analysis: the term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, all of which are counted from the date of application. After authorization, the annual fee should be paid to the State Patent Office every year, and the payment time is once a year, currently within one month. The term of patent protection refers to the term of patent protection after the patent is granted the right. The validity period of the three patents is different. The term of the invention patent right is 20 years, the utility model patent right is 10 years, and the design patent right is 15 years, all of which are counted from the date of application. Where the patent right for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patentee shall obtain compensation for the unreasonable delay in authorization. Specific analysis of the specific situation.

Legal basis: According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application.

Where a patent for invention is granted for four years from the date of application for a patent for invention 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, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.

In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.