How long is the validity period of an invention patent?

Patent rights for inventions are valid for twenty years. According to relevant legal provisions, the term of Patent rights is twenty years, and the term of design patent rights and utility model patent rights is ten years, and the terms of the aforementioned three patent rights are calculated from the date of application. Regarding the question of how long the patent right for an invention is valid, the editor of Legal Savior Network will give you a detailed answer below.

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

1. Invention The patent right is valid for twenty years. According to relevant legal provisions, the term of patent rights is twenty years, and the term of design patent rights and utility model patent rights is ten years, and the terms of the aforementioned three patent rights are calculated from the date of application.

2. 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 and design patent rights is ten years, both 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 the annual fee as required;

(2) The patentee has given up its patent rights in a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.

2. How to apply for an invention patent

1. The applicant provides original technical information and personal information.

2. Entrust a patent agency, sign an agency agreement, and write aPatent application documents that meet the requirements of the patent law; if necessary, they can be searched first.

3. Submit the patent application documents to the National Patent Office, obtain the patent application number, and pay the patent application fee as required.

4. After entering the preliminary examination and passing the examination, the invention patent application will be published in the patent gazette and website 18 months after the application date; At the request of the applicant, early disclosure can also be requested at any time within 15 months from the application date.

5. Entering the substantive examination stage: The applicant can file a substantive examination with the Patent Office at any time within 3 years from the date of application, or after the patent application is published. If you initiate a practical examination, you must pay the patent examination fee as required.

6. After substantive examination, the patent meets the practicality, novelty, and creativity of the invention. The patent right is granted. The patent application maintenance fee and the annual payment for the current year are paid as required. Fees, printing fees, and certificate production fees are required to obtain an invention patent certificate; the authorized invention patent will be announced.

7. If the priority of an earlier invention patent application is required, the relevant information of the earlier application should be provided.

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