The term of protection of a patent in China refers to the infringement of its patent by others without the permission of the patentee. The patentee may require the infringer to stop the infringement and compensate for the losses.
In addition, according to the Patent Law revised in June, 20021,in order to join the hague agreement concerning the international deposit of industrial designs, the protection period of design patents was adjusted in the new patent law. Thereafter, the term of protection of patents is 20 years for invention patents, 10 years for utility model patents and 15 years for design patents, all counting from the date of filing.
It should be noted that these periods are calculated from the date of patent application, not from the date of patent authorization. In addition, after the protection expires, the patent will enter the public domain, and anyone can freely use the technology or design.
Specific measures for patent protection
1. Patent infringement litigation: The patentee can protect his rights and interests by bringing a lawsuit to the court.
2. Administrative investigation: China National Intellectual Property Administration can investigate and deal with acts that infringe others' patent rights.
3. Mediation and arbitration: The parties may settle their disputes through mediation or arbitration.
4. Customs protection: Customs can inspect import and export goods to prevent goods infringing patent rights from entering the domestic market.
5. Temporary injunction: In the course of litigation, the court may issue a temporary injunction according to the situation, requiring the infringer to stop the infringement.
6. Compensation for losses: The infringer shall be liable for compensation, including compensation for economic losses and mental damage.
7. Destruction of infringing products: The court may order the destruction of infringing products to eliminate the impact of infringement.
8. Other legal means: such as anti-unfair competition law and trademark law can also be used to protect patent rights.