How long is the patent right valid for?

The validity period of Patent rights is twenty years. According to the relevant laws and regulations of our country, the protection period of invention patent rights is twenty years, the protection period of utility model patent rights is ten years, and the protection period of design patent rights is fifteen years. Regarding the question of how long the patent right is valid, the editor of Legal Savior Network will give you a detailed answer below.

1. How long is the validity period of the patent right?

1. Patent right The validity period is twenty years. According to the relevant laws and regulations of our country, the protection period of invention patent rights is twenty years, the protection period of utility model patent rights is ten years, and the protection period of design patent rights is fifteen years.

2. Legal basis

Article 42 of the Patent Law of the People's Republic of China

The term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is fifteen years, all starting from Calculated from the date of application.

If the invention patent right is granted after four years from the date of application for an invention patent 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, compensation for the duration of the patent right shall be granted for unreasonable delays in the granting process of the invention patent, except for unreasonable delays caused by the applicant.

In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, Provide compensation for the duration of patent rights. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.

2. How does the patentee protect the patent?

1. Ordinary patent infringement can be reported to the patent administration department (local intellectual property office) for administrative processing.

2. Patent civil litigation is generally a way to resolve patent compensation and stop infringement.

3. Patent criminal litigation is a way to protect the rights of specific patent infringements.

For counterfeiting other people’s patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer on the Legal Savior Network.