How long is the validity period of patent rights?

The protection period of invention Patent rights: 20 years from the date of application for an authorized invention patent. The protection period of utility model patent rights: The authorized utility model patent is 10 years from the date of application. The protection period of design patent rights: for authorized design patents, 10 years from the date of application. After a patent is granted, the protection period is calculated from the date of application, which is generally the day when the application is submitted to the Patent Office (specifically, the time determined in the acceptance notice issued by the Patent Office shall prevail). Regarding the question of how long the validity period of patent rights is, the editor of Legal Savior Network will answer it in detail for you below.

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

Patent protection period It refers to the time period for patent protection after a patent is granted rights. After invention and utility model patent rights are granted, except as otherwise provided in the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or offer for sale for production and business purposes. , sell or import its patented products, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods;

1. The protection period of invention patent rights: authorized invention patents, 20 years from the date of application;

2. The protection period of utility model patent rights: authorized utility model patents , 10 years from the date of application;

3. The protection period of design patent rights: 10 years from the date of application for authorized design patents;

It should be noted that after a patent is granted, the protection period is calculated from the date of application, which is generally the day the application is submitted to the Patent Office (specifically based on the acceptance notice issued by the Patent Office The time determined in it shall prevail) 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 manufacture, offer for sale, sell, or Import its design patented products;

Reasons for termination of patent rights before expiration:

(1) Failure to pay annual fees;

(2) Written statement of renunciation.

itsIn fact, the real protection start date is from the date of authorization; that is to say, the real protection date is not ten or twenty years, but less than this time;

Legal basis: "Patent Law of the People's Republic of China"Article 42 The term of invention patent rights is twenty years, and the term of utility model patent rights is ten years , the term of design patent right is fifteen years, calculated from the date of application. If the invention patent right is granted after four years from the date of application for the 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 to judge the scope of patent protection

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 have no legal effect in other countries and regions, 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 design patents. 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 skills shared by the existing technology closest to the subject of the invention or utility model.Technical characteristics, the characteristics part should state the technical characteristics that are different from the closest existing technology. 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. For example, a technical claim: a product consists of a and b, and is characterized by c and d. The technical solution required by the claim includes the complete a, b, c, d and not just the technical features c, d. If someone else’s product only contains technical features, such as a, b, c or a, b, d, it is not an infringement. Only if it covers all the technical features of a, b, c, d, it is an infringement;

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.

When determining the scope of protection of patent rights, the technical content recorded in the claims should be viewed as a complete technical solution, which will be included in the independent claims. Looking at the technical solution expressed by all the recorded technical features as a whole, the combination of the technical features recorded in the preamble and the technical features recorded in the characteristics section determines the scope of protection of the patent right. The technical features and characteristics of the preamble Some technical features have the same effect in defining the scope of patent protection.

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