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The duration of effective protection of patents worldwide
Time:2020-09-18

Introduction: In China, patents are divided into types of invention, utility model and design, and the protection period is 20 years, 10 years and 10 years respectively. Except for China, what types of patents are in foreign countries? How long is the protection period? This article is used to understand the effective protection period of patents in the world. 

 

China encourages invention and creation, and has introduced relevant laws and regulations to protect the patent of invention and creation. No one can use the patent without the permission of the patentee, except for the consent of the patentee. Moreover, the acquisition of the patent also has to go through strict procedures, and not every patent can be protected by law.

 

Patent tips

 

Different countries and different types of patents have different protection periods. The term of patent protection in most countries, including China, refers to the time limit for obtaining patent protection from the date of application after the patent is granted.

 

U.S. patent protection period

 

①American utility patent: 20 years from the date of application;

②American design: 15 years from the date of authorization.

 

NOTE

 

a. For the US design patent applications filed before May 13, 2015, the period of protection after authorization is 14 years from the date of authorization.

b. For the US design patent applications filed after May 13, 2015, the protection period after authorization is 15 years from the date of authorization.

c. In the United States, the patent term of drugs, food, color additives, medical devices, animal drugs, animal biological products and other patents can be extended, and a patent can be extended for up to five years of protection.

d. A patent granted in an application for partial renewal, division or renewal filed on or after 8 June 1995 shall expire 20 years from the date of filing of the earliest application.

 

Duration of Japanese patent protection

 

① Japanese invention patent: 20 years from the filing date;

②Japanese utility model: 10 years from the filing date;

③ Japanese design: 15 years from the registration date.

 

 

 

Term of protection for Korean patents

 

① Korean invention patent: 20 years from the date of application;

②Korea utility model: 10 years from the date of application;

③Korea design: 15 years from the registration date.

 

Term of protection for European patents

 

①European invention patent: 20 years from the filing date;

② European design: 25 years from the filing date.

 

Term of protection for German patents

 

①German invention patent: 20 years from the filing date;

②German utility model: 10 years from the filing date;

③German design: 20 years from the filing date.

 

Term of protection for UK patents

 

①British invention patent: 20 years from the filing date;

②British design: 25 years from the filing date.

 

Duration of French patent protection

 

① French invention patent: 20 years from the filing date;

②French utility model: 6 years from the filing date;

③ French design: 25 years from the filing date.

 

Term of protection for Italian patents

 

①Italian invention patent: 20 years from the filing date;

②Italian utility model: 10 years from the filing date;

③Italian design: 25 years from the filing date.

 

Term of protection of Russian patents

 

①Russian invention patent: 20 years from the filing date;

②Russian utility model: 10 years from the filing date;

③Russian industrial design: 15 years from the registration date.

 

Duration of Canadian patent protection

 

① Canadian invention patent: 20 years from the date of application;

②Canadian design: 10 years from the date of authorization, renewable for 5 years.

Duration of Australian patent protection

 

①American standard patent: 20 years from the date of application;

②Australian innovation patent: 8 years from the date of application;

③American design: 10 years from the date of authorization.

 

Term of protection for New Zealand patents

 

①New Zealand invention patent: 20 years from the filing date;

②New Zealand design: 5 years from the date of filing, renewable twice for every 5 years each time.

 

Duration of Brazilian patent protection

 

① Brazil invention patent: 20 years from the filing date;

②Brazil utility model: 15 years from the filing date;

③ Brazilian design: 10 years from the filing date.

 

Term of protection for South African patents

 

①South African invention patent: 20 years from the filing date;

South Africa design: It is applicable to register the locarno system of design classification. The protection period of aesthetic designs shall be 15 years from the date of application, and that of practical designs shall be 10 years from the date of application.

 

Duration of United Arab Emirates (UAE) patent protection

 

① UAE invention patent: 20 years from the date of application for registration;

 UAE utility model: 10 years from the date of application;

③ UAE design: 10 years from the filing date.

 

Term of protection for Israeli patents

 

①Israel invention patent: 20 years from the date of application, the patent period can be extended, and the patent extension period for pharmaceutical patents is up to 5 years;

②Israel design: 5 years from the date of application, renewable twice each for 5 years.

 

Term of protection for Indian patents

 

①Indian invention patent application: 20 years from the filing date;

②Indian design application: 10 years from the registration date.

 

 

 

Duration of patent protection in Malaysia

 

①Malaysian invention patent: 20 years from the filing date;

②Malaysian utility model: 10 years from the filing date;

③Malaysia design: 15 years from the filing date.

 

Duration of patent protection in Singapore

 

①Singapore invention patent: 20 years from the date of application;

②Singapore design: 15 years from the the date of application.