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How is the protection period for patent rights specified?
Time:2024-12-10

Patent Rights

Patent rights refer to an exclusive right granted by the state to an inventor or designer for a certain period, based on the premise that the invention or design is disclosed to the public and provides benefits to society in accordance with legal requirements. The granting of such rights follows a statutory procedure.

How is the protection period for patent rights specified?

Inventions, utility models, and designs are considered as forms of inventions or creations. An invention refers to a new technical solution relating to a product, method, or improvement thereof. A utility model refers to a new technical solution suitable for practical use concerning the shape, structure, or combination of a product. A design refers to a new design that is aesthetically pleasing and suitable for industrial application, concerning the overall or partial shape, pattern, or combination thereof, as well as the combination of color with shape or pattern.

The term of an invention patent is twenty years.

The term of a utility model patent is ten years.

The term of a design patent is fifteen years. All terms are calculated from the date of filing the application.

If an invention patent is granted more than four years after the filing date and more than three years after the request for substantive examination, the State Council's patent administration department may, upon request of the patentee, provide compensation for any unreasonable delay during the authorization process, except for delays caused by the applicant.

To compensate for the time consumed by the review and approval of new drugs for market entry, the State Council's patent administration department may, upon request of the patentee, provide patent term compensation for invention patents related to new drugs that have obtained marketing authorization in China. The compensation period shall not exceed five years, and the total effective patent term after the new drug is approved for market entry shall not exceed fourteen years.

The scope of protection for an invention or utility model patent is determined by the content of its claims, while the description and drawings can be used to interpret the content of the claims. The scope of protection for a design patent is determined by the appearance design shown in the pictures or photographs, and the brief description can be used to interpret the appearance design shown in the pictures or photographs.

Without the permission of the patentee, implementing their patent constitutes an infringement of the patent right, leading to disputes which can be resolved through negotiation between the parties. If negotiations fail or are not desired, the patentee or interested party may file a lawsuit with the People’s Court or request the relevant patent administration department to handle the matter.

【Legal Basis】The Patent Law of the People's Republic of China

Article 42: The term of an invention patent is twenty years, the term of a utility model patent is ten years, and the term of a design patent is fifteen years, all calculated from the date of filing the application. If an invention patent is granted more than four years after the filing date and more than three years after the request for substantive examination, the State Council's patent administration department may, upon request of the patentee, provide compensation for any unreasonable delay during the authorization process, except for delays caused by the applicant. To compensate for the time consumed by the review and approval of new drugs for market entry, the State Council's patent administration department may, upon request of the patentee, provide patent term compensation for invention patents related to new drugs that have obtained marketing authorization in China. The compensation period shall not exceed five years, and the total effective patent term after the new drug is approved for market entry shall not exceed fourteen years.