How long is a computer patent protection term?

There are three main categories of patents in my country, namely inventions, utility models and designs, among which patented technologies are inventions. For different types of patents, the protection periods stipulated by law are different. So how long is the protection period for patented technology? The editor of Legal Savior Network will give you detailed answers below.

How long is the computer patent protection period

The term of Invention patent protection is calculated from the date of application, as long as you pay on time The annual fee can be up to twenty years; while the protection period for utility models is 10 years. Therefore, for an invention with a long life cycle, applying for an invention patent can provide a much longer protection period than a utility model patent.

The protection period of invention patents is specified in the Patent Law Implementing Rules. In Article 2, invention is defined as follows: “Inventions as referred to in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.” Generally speaking, the technical solutions mentioned in patents are It refers to the use of natural laws to form a technical solution to solve a certain problem. It does not require a formed product or practical application, but it must be practical. In other words, according to the technical solution you propose, the purpose of your invention can be achieved.

Under this premise, the scope of invention patent protection is quite broad. Generally speaking, we only point out the scope that invention patents do not protect. Others, as long as they are technical solutions that fall under the patent law, can be considered to be within the scope of protection. Within the scope of invention patent protection.

The scope of invention patent protection is very broad. In comparison, utility models cover product formulas, processes, methods, uses, as well as material substitutions, systems, some medical devices, circuit designs that do not involve products, etc. None of them are protected, but all of them can apply for invention patent protection.

Scope of invention patent protection

In Article 2 of the "Patent Law Implementing Rules", the invention is defined as follows: "The invention referred to in the Patent Law refers to a new product, method or improvement thereof. Technical solutions. "Generally speaking, the technical solution mentioned in the patent refers to the technical solution that uses the laws of nature to form a technical solution to solve a certain problem. It does not require a formed product or practical application, but it must be practical. That is to say, according to your The technical solution proposed can achieve the purpose of your invention.

Under this premise, the scope of invention patent protection is quite broad. Generally speaking, we only point out the scope that invention patents do not protect. Others, as long as they are technical solutions that fall under the patent law, can be considered to be protected by invention patents. Within the scope.

According to the provisions of the law, for The maximum protection period of an invention patent is 20 years, but during this period, if the patentee fails to pay the patent annual fee in time and in full as required, the protection of the patent can be suspended. If you still have questions about this, You can call directly to consult our online lawyers on the Legal Savior Network.