1. How long is the term of patent application
"Patent of the People's Republic of China" Law"
Article 42 The term of invention Patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years. Calculated from the date of application.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before expiration, it shall be registered and announced by the Patent Administration Department of the State Council.
The protection of the patent law is that after the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not The purpose of production and business operations is to manufacture, offer for sale, sell, and import its patented design products.
2. Judgment of the scope of protection of patent rights
1. The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description or drawings may be used to explain the claims. How to determine the content of patent protection shall be based on the scope determined by the claims. The scope of protection of a design patent shall be subject to the design patent product shown in pictures or photos. Patent protection rights granted by a country or a region are only valid within the scope of that country or region, and are not valid in other countries.and regions have no legal effect, and patent protection rights are not recognized.
2. The term of patent protection: 20 years from the date of application for invention patents and 10 years for utility model patents and designs. If the patent protection period expires, the annual fee is not paid, or the patent is voluntarily surrendered, the patent right is no longer protected. The independent claims include a preamble and a characterizing part. The preamble shall state the name of the subject of the technical solution of the invention or utility model, and the necessary technical features shared by the closest prior art to the subject of the invention or utility model. The feature part shall state the technical features that are different from the closest prior art. The technical features in the characteristic part and the technical features in the preamble part together define the scope of protection claimed for the invention or utility model.
3. The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos. Applying for a design does not require the submission of written documents such as claims and descriptions, but requires the submission of pictures or photos. The standard for judging whether there is infringement is: if the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be infringing. Identical products refer to the same purpose and function; similar products refer to the same purpose. , the specific functions are different.
Patent rights may become invalid due to some reasons. For example, if the expiration date is not renewed in time, the patent rights will also become invalid. If you continue to use it, If so, you need to restore the patent right. You can go to the professional department to accept the application after understanding the relevant process. It usually takes about two months to process. The above is the knowledge compiled by the editor. If you have any doubts, the Legal Savior Network has online lawyers. You are welcome to consult at any time.
No comments yet. Say something...