Patents have a limited service life. The term of patent rights is calculated from the date of application. According to Article 45 of the "Patent Law", the term of invention patents is 20 years. Utility model patents and appearance patents The term of design patent rights is 10 years, calculated from the date of application.

Circumstances of termination:

According to Article 44 of the Patent Law, if any of the following circumstances occurs, the patent right shall be terminated 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, it shall be registered and announced by the Patent Administration Department of the State Council (State Intellectual Property Office).

Chinese patents can be divided into three categories, and their useful lives are different:

(1) Inventions

Inventions refer to products, methods or other Improve the proposed new technical solutions. The legal protection period is 20 years.

(2) Utility model

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 shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design. The legal protection period is 10 years.

Extended information:

According to my country’s patent law, patent rights “are calculated from the date of application.” However, this does not mean that the patentee has has the exclusive right to implement it. According to Article 8 of the Patent Law, a patent application shall be subject to demerit review and approval. The patent right shall be officially issued after being granted by the Patent Office. The patentee shall not prohibit others from doing so without his permission.

For production and business purposes, manufacture, use, sell, import its patented products or use its patented methods. As far as invention patents are concerned, since the content of the invention has been published before the authorization decision is made (18 months from the date of application), the applicant's competitors may already know the content claimed in the patent application and have an interest in the patent rights. Human interests pose a threat.

Therefore, Article 13 of the Patent Law stipulates: "After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees." "Patent Law Implementing Rules" 70 Article 7 stipulates: "For those who use the invention after the invention patent application is published and before the patent right is granted without paying appropriate fees, the agency may also file a lawsuit directly with the People's Court."

According to my country's 1984 Patent Law The law implements a preliminary examination plus opposition system for utility models and designs. The 1992 amendment to the Patent Law abolished the opposition system for patent applications. The date when the Patent Office makes an examination decision is the date of patent authorization.

Baidu Encyclopedia-Patent Law