How many years is the protection period of invention patent right?

The term of invention Patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. Regarding the question of how many years the protection period of an invention patent right is, the editor of Legal Savior Network will give you a detailed answer below.

1. How many years is the protection period of an invention patent?

Invention patent Validity period and starting time:

1. The term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both Calculated from the date of application.

2. The application date referred to in the Patent Law refers to the priority date if there is priority.

3. When applying for patent protection, you must pay attention to the term of patent protection. When using the patent term of others, you must search with the patent office before choosing to use it.

The starting point and end point of the invention patent term:

1. The validity period of the invention patent should be The period starts from the date of authorization announcement and ends 20 years after the date of application. For utility model and design patents, it starts from the date of authorization announcement and ends 10 years after the date of application.

2. The starting point of the validity period of the invention patent right is the date of authorization announcement, and the end point is the expiration date of 20 years from the date of application.

3. The above validity period is based on the assumption that the patentee has paid the corresponding fees (such as annual fees) on time, and the patent has not been invalidated during this period.

4. If the patentee fails to pay the annual fee within the specified period, or the patent is invalidated, the validity period of the patent will end early.

5. Legal basis:

"Patent Law of the People's Republic of China" 42 According to Article 1, 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.

2. Whether the non-patent inventor has the right to apply for a patent

Non-inventors and designers who meet one of the following conditions can apply for other people's inventions, utility models, and designs as their own patents and become patentees:

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1. Accept donations from inventors and designers to obtain the right to apply for a patent. Become a patent applicant, and the Patent Administration Department of the State Council approves its patent application and become a patent right Person;

2. Be the legal heir of the inventor or designer and obtain the right to apply for a patent. To become a patent applicant, the patent administration department of the State Council approves his patent Apply and become a patentee.

3. After transfer, obtain the right to apply for patents for inventions, utility models, and peripheral designs, and become a patent applicant. State Council Patent The administrative department approved its patent application and became the patentee.

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