How many years does a patent last?

The term of patent protection depends on the type of patent. 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 calculated from the date of application. Regarding the question of how many years the patent right lasts, the editor of Legal Savior Network will give you a detailed answer below.

1. How many years does the patent right last?

1. Patent protection The term of the invention patent is twenty years;

(1) The term of the invention patent is twenty years;

(2). The term of utility model patent is ten years;

(3). Design patent The term is fifteen years.

2. Legal basis: Article 42 of the "Patent Law of the People's Republic of China"

2. What are the legal responsibilities for patent infringement

1. Administrative responsibility

For patent infringement, the department managing patent work has the power to order the infringer to stop the infringement, order corrections, impose fines, etc., and manage At the request of the parties, the patent department may also mediate on the amount of compensation for infringement of patent rights.

2. Civil liability

(1) Stop infringement. It means that the perpetrator of patent infringement should immediately stop the ongoing patent infringement according to the decision of the patent management department or the judgment of the people's court.

(2) Compensation for losses. The amount of compensation for patent infringement shall be determined based on the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; if it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, the patent license fee may be referred to The multiple is reasonably determined.

(3) Eliminate the impact. When an infringer carries out infringement and causes damage to the goodwill of a patented product in the market, the infringer should adopt appropriate methods to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the damage caused to the patented product. adverse effects.

3. Criminal liability

In accordance with the provisions of the Patent Law and Criminal Law, counterfeiting other people’s patents, If the circumstances are serious, the person directly responsible should be held criminally responsible.

According to the provisions of the "Patent Law", the number of years of patent protection depends on the type of patent. 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 calculated from the date of application. 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.