What is the period of patent protection?

What is the period of patent protection? The editor of Legal Savior Network will give you the answer. Please read the details below.

Period of Patent right preservation

The term of patent right preservation refers to the specific time for patent right preservation. The maximum period of patent right preservation shall not exceed six months at a time. If the preservation period still needs to be continued after the expiration of the period, a notice of continued preservation assistance and enforcement shall be issued to the Patent Administration Department of the State Council before the expiration of the period.

It is not difficult to see from the above provisions that the time provisions for patent preservation have the following two meanings:

1. The period of preservation of patent rights shall not exceed six months at a time, and the starting time for calculation shall be the date when the patent administration department of the State Council receives the notice of assistance in enforcement from the People's Court. The reason why the judicial interpretation stipulates that patent preservation shall not exceed six months at a time is because:

1. The Supreme People's Court and the People's Bank of China's "On Inquiry, Freezing, "Notice on Withholding Bank Deposits of Enterprises, Institutions, Institutions, and Groups" stipulates that the preservation period of freezing the deposits of enterprises shall not exceed six months at a time;

2. It is beneficial to the people The court concludes the case in accordance with the prescribed time limit for conclusion and protects the legitimate rights and interests of the parties;

3. Learn from the provisions on preserving registered trademarks. A registered trademark may be protected for no more than six months at a time.

2. If the case cannot be concluded within the six-month preservation period and the patent right needs to continue to be preserved, the people's court shall file a request before the expiration of the preservation period. If the Patent Administration Department of the State Council issues a separate notice of enforcement assistance for continued preservation, and the People's Court does not issue a separate notice of assistance for enforcement of continued preservation upon expiration of the preservation period, the patent right preservation will be automatically terminated. This is a period of preservation that may not exceed six months. An addition to the time limit, that is, preservation can be continued when the preservation period expires. At the same time, it is required that: if continued preservation is required, the people's court shall send a separate notice of continued preservation assistance to the patent administration department of the State Council before the expiration of the preservation period. Once delivered, the preservation will be automatically lifted.