As we all know, after applying for a foreign patent, it is not permanent. All patents have time limits, and the shortest patent period is only 5 years, and the longest can be 20 years. This article will introduce: How long is a foreign patent valid? Help cross-border e-commerce sellers better understand the field of foreign intellectual property laws.
1. The validity period of foreign patents is different.
As far as the patent laws of Iran, Venezuela and other countries are concerned, the shortest patent statute of limitations is only 5 years; in most countries, the period is about 10 years or more. For example: China’s patent validity period It is 20 years. The patent effective market in the UK is 16 years. After successful authorization by an American businessman, it can be 14 years. However, the Federal Republic of Germany has only 18 years. The patent duration in France is the same as that in China, which is 20 years.
The setting of the patent validity period in each country is stipulated by the respective laws of many countries.
2. The legal basis for the validity period of foreign patents.
For Chinese cross-border e-commerce sellers, it is very necessary to understand the legal basis of intellectual property patents. Taking the International Patent Act as an example, the maximum term for an invention patent is 20 years, while the maximum term for a utility model patent is 10 years, and the maximum term for an international design patent is 15 years. The above validity period is calculated based on the date of application.
In addition, according to the provisions of the Patent Law, a substantive examination request must be made four years after the application for an invention patent, and the invention patent right can be granted from the date the request takes effect. According to the Patent Department’s Patent Rights Act, unreasonable delays in the authorization process of invention patents will be compensated by the patentee. However, if the unreasonable delay is caused by the patent applicant himself (cross-border e-commerce seller) , no compensation will be given.
In short, the above is the relevant explanation on “the validity period of foreign patents”. By summarizing the patent validity period in various countries, we can see that the patent duration in different countries is determined according to their patent laws. Some countries are 5 years, some are 16 years, and some are 20 years; Since situations vary from country to country, sellers need to understand local patent laws and legal basis.