What are the relevant regulations on patent lifespan
Chinese patents can be divided into three categories, each with its own service life Different:
1. Invention: Invention refers to the New technical solutions proposed for products, methods or improvements thereof. The statutory protection period is 20 years
2. Utility models : Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The legal protection period is 10 years.
3. Appearance design: Appearance design refers to the The shape, pattern or combination of the product, as well as the combination of color, shape, and pattern create a new design that is aesthetically pleasing and suitable for industrial applications. The legal protection period is 10 years.
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 starting from Calculated from the date of application.
Article 43 The patentee shall Annual fees are payable starting from the year the patent right is granted.
Article 44: One of the following circumstances , the patent right terminates before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee gives up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, the Registration and announcement by the Patent Administration Department of the State Council.
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