Legal basis: According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application.
The difference between patent right and trademark right of design;
1, trademark right and design patent right are different. The design patent is creative, novel and practical with aesthetic feeling as its core. Trademarks are mainly used for identification. What is needed is different, but not necessarily aesthetic. For example, trademarks such as "Goubuli", "Laoandie", "Laoandie" and "Alcoholic" are hard to have aesthetic feeling.
2. Trademark right and design patent right have different functions. Trademarks distinguish different sources of the same or similar goods or services mainly through their distinctiveness. It is attached to the commodity or its packaging, and does not change the commodity itself, just like adding an identification symbol to the outside of the commodity. Appearance design highlights its practical characteristics, requires the beauty and novelty of goods, and changes and determines the appearance of goods, which often becomes an inseparable part of goods.
In addition, the patent law gives trademark rights and design patents different protection periods. The protection period of design patents granted by the Patent Law is 65,438+00 years. If the obligee does not apply for renewal at the expiration of the protection period, the patent right will be invalid. After the 10-year protection period granted by the patent law expires, the obligee shall enjoy unlimited renewal opportunities every 10 year. If the obligee has no intention to terminate the trademark right, the trademark right is uncertain in theory.