1. How long is the protection period of an invention patent?
1. In my country, the protection period for different types of inventions and creations is different. The term of invention patents is 20 years; the term of utility model patents and design patents is 10 years, both calculated from the date of application.
Although the specified patent right period is calculated from the filing date, this is only the starting point for calculating the patent right period and does not mean that the patent right begins from the filing date. It worked.
Patent rights are effective from the date of authorization announcement. Since a patent application must be reviewed by the Patent Office before it is possible to obtain Patent rights, it takes a certain amount of time from the date of application to the Patent Office’s announcement of authorization of the patent application. In this way, the effective period during which the patentee of an invention patent can actually obtain legal protection. It must be less than 20 years, and the effective period of legal protection that the patentee of utility model and design patents can actually obtain must be less than 10 years.
2. Legal basis: Article 42 of the "Patent Law of the People's Republic of China" stipulates that the term of invention patent rights is twenty years, and utility model patent rights and The term of design patent rights is ten years, calculated from the date of application.
2. Why should patent rights be protected?
1. Patent rights are the most important type of intellectual property rights. As a kind of property that can be traded in the market, patent rights are protected by national patent laws and cannot be used by any unit or individual without the consent of the patentee.
2. There is fierce competition in the market economy. Companies all hope that their products will occupy the market. To achieve this goal, they must apply for their inventions and creations in a timely manner. Patent, make your own inventionMing creations are protected by national laws. Otherwise, anyone can use your inventions and creations, and anyone can copy your products, losing the opportunity to occupy the market.
3. In addition, if you do not apply for a patent for your invention in time, when others know about your invention, they will file a patent application for the fruits of your labor. After obtaining the patent right, you will in turn file a lawsuit with the court or patent management agency for infringement of the patent right, which will make the original inventor's labor results unable to be used and implemented, putting the original inventor in a passive position of being beaten.
It should be said that the limitation of patent right interpretation is actually a very professional legal concept, and the so-called peripheral limitation or central limitation is important when applying for a patent. It will be determined in the process. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...