How long is a utility model patent valid for?

Every country in the world has patent protection, and different countries may have different protection periods for specific inventions, Utility models, and designs in patents. In view of the situation in our country, how long is the validity period of a utility model patent according to the law? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

1. How long is the validity period of a utility model patent

1. According to December 1992 For patent rights obtained through patent applications filed before the 31st, the protection period shall be governed by the original patent law, that is: the protection period for invention patents is 15 years from the date of application; the protection period for utility model patent rights and design patent rights is from the date of application Starting from 5 years, the patentee can apply for renewal for 3 years before expiration.

2. The protection period of patent rights obtained based on patent applications filed after January 1, 1993 shall be governed by the revised Patent Law, that is: invention patents The protection period is 20 years from the date of application; the protection period for utility model patent rights and design patent rights is 10 years from the date of application.

2. Application process for utility model patent

1. Application Stage

Utility model application documents should include: utility model patent request, description, description drawings, claims, abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.

2. Examination stage

China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.

3. Authorization stage

(1) Authorization:After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.

(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.

Through the detailed analysis of the above content, my country’s protection period for utility model and design patents is 10 years. But if it is an invention patent, it is valid for 20 years. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.