How long does patent and trademark protection last?
One , How long is the protection period of patent rights?
If enterprises and individuals want to protect their own patent rights, they must first determine whether the patent rights they own are valid. According to relevant regulations, the term of invention patent rights is 20 years. The term of both utility model patent rights and design patent rights is 10 years.
2. How long is the duration of trademark protection
China Article 37 of the "Trademark Law" stipulates: "The validity period of a registered trademark is 10 years, calculated from the date of approval of registration."
The period of registered trademark starts from The date is the date of trademark registration, that is, the Trademark Office will log the applied trademark into the "Trademark Register" by region, name of the trademark registrant and the words and graphics used (collective trademarks and certification marks will be logged into the "Collective Trademark Register" respectively) and "Certification Trademark Register"), cards and files, as well as the date of the "Trademark Announcement".
3. How to protect your patent rights if your patent rights are infringed
Each The term of each patent right is calculated from the date of patent application. The patentee shall pay annual fees starting from the year when the patent right is granted. If the patentee fails to pay the annual fee as required or the patentee gives up its patent rights in writing, the patent rights may be terminated before the expiration of the term. Any implementation of a patent without the permission of the patentee is an infringement of patent rights. For those who counterfeit patents, in addition to bearing civil liability in accordance with the law, the patent management department shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine on the illegal gains. If a crime is constituted, criminal liability will be pursued in accordance with the law.
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