The validity period of an invention patent is twenty years. According to relevant regulations, the validity period of my country's invention patent rights is capped at twenty years, and the validity period of utility model patent rights and design patent rights is capped at ten years, and both are calculated from the date of application.

Legal Basis

Article 42 of the Patent Law of the People’s Republic of China that came into effect on June 1, 2021

Invention Patent Rights The term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.

Article 43

The patentee shall pay annual fees starting from the year when the patent right is granted.

Article 44

Patent rights shall be terminated before expiration in any of the following circumstances:

(1) Failure to pay annual fees in accordance with regulations

(2) The patentee has given 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.