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Patent life of new design


        

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  • 2024-06-15 18:01:33

    The legal protection of patent rights is time sensitive. The duration of invention patent rights in China is 20 years, and the duration of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. Patent protection period: 10 years for utility model patent, calculated from the application date. After authorization, an annual fee shall be paid to the National Patent Office every year, and the payment time is within one month of the current application of each year.

    The essential requirements for obtaining a patent right for a design are novelty and aesthetics.

    Novelty means that the design for which a patent is applied is not identical with or similar to the design that has been publicly published in domestic and foreign publications before the date of application; The design is different or similar to the design that has been publicly used in China before the application date.

    Aesthetics refers to that the appearance design can create a sense of beauty when used on products.

    Legal basis

    The design for which patent right is granted in Article 23 of the Patent Law of the People's Republic of China shall not belong to an existing design; Nor has any entity or individual applied to the administrative department for patent under the State Council for the same design before the application date and recorded it in the patent documents announced after the application date.
    A design for which a patent right is granted shall be obviously different from an existing design or a combination of existing design features.
    The design for which patent right is granted may not conflict with the lawful rights acquired by others prior to the date of application.
    The term "existing design" as mentioned in this Law refers to a design that was known to the public at home and abroad before the application date.

    No***

    2024-06-15 18:01:33

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