[Direct answer]In the Beijing area, the protection period for invention patents is 20 years, calculated from the date of application. According to Article 42 of the Patent Law of the People's Republic of China (amended on October 17, 2020 and implemented on June 1, 2021), the term of an invention patent is 20 years, that of a utility model is 10 years, and that of a design patent is 15 years, all calculated from the date of application; where priority is claimed, it is calculated from the priority date. During the protection period, annual fees must be paid as required to maintain the rights. If the annual fees are not paid or a written statement of abandonment is made, the patent rights will terminate before the expiration of the term; after the expiration of the term, the technology will enter the public domain, and anyone can freely implement it. It is recommended that enterprises check the application date and annual fee payment of their core patents, and make advance preparations to improve their patents or adjust their business strategies when the expiration is approaching. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

The issue of protection periods often arises in three scenarios: when enterprises inventory their intangible assets and verify the remaining lifespan of patents; when evaluating the value of patent assets during financing or mergers and acquisitions; and when determining whether the other party's patent is still in effect during infringement disputes—defendant can directly use this defense against allegations of expired patents. Beijing is a hub for high-tech enterprises, where patent assets are often tied to qualification applications and bidding and tendering. The management of protection periods directly affects the maintenance of qualifications and transaction prices. Additionally, some parties mistakenly believe that patents can be renewed like trademarks, or that failure to pay annual fees only affects certain rights—these are all typical misunderstandings.

II. Key points of contention

There are three main disputes surrounding the protection period. Firstly, the starting point: the term starts from the date of application, and for those with priority rights, it starts from the date of priority rights. The actual exclusive window is shorter than 20 years. Secondly, termination during the process: failure to pay annual fees or a declaration of abandonment will result in the patent becoming invalid prematurely. The consequences of termination of patent rights and being declared invalid are not the same, and the handling methods in transactions and litigation also differ. Thirdly, compensation for the term: for inventions that meet the conditions, compensation for the term may be granted due to unreasonable delays in the authorization process. There is a separate drug patent term compensation system for new drug-related patents, but both require applying according to the procedures and are not automatically granted.

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's practical observations in handling patent infringement, ownership, and intellectual property asset management matters, the value of protection period management is often underestimated. In practice, there are three common risks: First, failure to pay annual fees results in the premature termination of core patents, allowing competitors to take advantage of the situation and implement their own technologies; Second, transactions and due diligence only focus on certificates rather than legal status, valuing patents that have already been terminated or are about to expire as high-quality assets; Third, only realizing the lack of follow-up planning when the protection period is about to expire, resulting in a gap in competitive barriers after technological innovation. Henglue Lawyer typically advises enterprises to establish a patent ledger, register the application date, annual fee window, and remaining protection period for each patent, and manage them according to their value: Core patents should be paid on time and apply for term compensation in accordance with regulations; evaluate whether to extend the protection period with improved solutions before the expiration of peripheral patents; and conduct a comprehensive analysis when involved in portfolio transactions.Business and contract dispute services for enterprisesImprove the terms. If you are involved in the disposal of patent assets or disputes in the Beijing area, it is recommended that you have a professional lawyer check the legal status as soon as possible.

IV. Practical suggestions and legal basis

The main basis is Article 42 (Terms of Various Patent Rights and Term Compensation), Article 43 (Annual Fee Payment), and Article 44 (Circumstances of Termination of Patent Rights Before the Expiration of the Term) of the Patent Law (amended on October 17, 2020 and implemented from June 1, 2021); the annual fee amount shall be increased year by year in accordance with the charging standards prescribed by the state, and the standard announced at the time of payment shall prevail. Practical suggestions: Establish a ledger of the application date and the annual fee date, and set up advance reminders; when transferring a patent, retrieve a copy of the registration booklet to verify the legal status; for invention patents meeting the conditions due to a delay in authorization, apply for term compensation in accordance with Article 42; for expired technologies, evaluate and improve the patent, trade secrets, or open use, etc., different strategies can be referred toSpecial services and other case-related servicesCarry out overall planning to avoid redundant investments.

5. Henglu Law Firm's Reminder

Twenty years may seem like a long time, but it often takes several years from the application to the actual launch of the product. The real window of exclusivity is limited. The annual fees for core patents must be included in the rigid budget and never be sacrificed for minor gains. When a patent expires, it doesn't mean that its commercial value disappears entirely. The brand, channels, and improved technologies can still maintain competitiveness, but it's better to plan ahead rather than make up for it after the expiration. When conflicts arise with competitors, first check the application date and validity of their patents. Expired or terminated patents are the most direct defense weapons. After a valid infringement claim is established, the compensation can be enforced through legal means.Creditor-debtor relations and enforcement case servicesFollow up. For transactions involving patent portfolios or licensing negotiations, it is recommended to entrust a lawyer to issue a legal status verification opinion before making a decision.

VI. Frequently Asked Questions

Q1: Can the protection period of an invention patent be extended after it has reached 20 years?

It cannot be renewed. Unlike trademark registration, which can be renewed, the patent right expires and the rights are terminated after the expiration of the patent term. The technology enters the public domain, and no one, including the original patentee, can exclusively implement it anymore, nor can they re-apply for authorization with the same technical solution. If a company wants to extend its technological moat, it can only plan in advance to develop new patents for improvement plans and new uses, or use trade secrets, brands, and service systems to maintain its competitiveness, rather than relying on the original patent to extend its lifespan.

Q2: How to check how long the remaining protection period is for an invention patent?

It can be done in two steps: first, check the application date on the patent document. The 20-year protection period starts from the application date, and for those with priority rights, it starts from the priority date; second, verify the legal status through the official channels of the China Intellectual Property Administration to confirm whether there are circumstances such as early termination due to non-payment of annual fees, abandonment, or invalidation. When transferring or licensing the patent, it is recommended to retrieve a copy of the patent register, as the legal status information contained therein can serve as an official basis for making transaction decisions and protecting rights.

Q3: How much does it cost to maintain an invention patent?

The main cost is the annual fee, which is paid annually and increases with the length of the patent term. The higher the term, the higher the fee. The specific amount is subject to the fee standards announced by the China Intellectual Property Administration at that time. For patents managed by entrusted agencies, there are additional service fees. For high-value core patents, this expenditure results in continued exclusivity; for patents with limited value, after weighing the pros and cons, you can choose to stop paying the fee and let the patent terminate as scheduled. It is recommended to prepare an annual fee budget based on the value of the patent to avoid indiscriminate cuts leading to waste or interrupted payments.

Q4: The invention patent is about to expire. How should companies prepare for this?

It is recommended to plan ahead one to two years in advance: assess whether the patented technology is still a pillar of the main business and whether it is possible to apply for follow-up patents based on improved technology or new applications; check competitors' new applications related to the technology to prevent improvement space from being preempted; evaluate the transfer of trade secrets for know-how that is not suitable for public disclosure; and prepare marketing strategies and pricing strategies in advance for after the patent expires to prevent channels that rely on patent concepts from being impacted. The overall idea is to ensure a smooth transition of the technology's competitive advantage rather than a sudden collapse of it.

Q5: If I find that the other party is accusing me of infringing their expired patent, what should I do?

First, verify the legal status of the patent: whether the 20-year protection period has expired, whether it has been prematurely terminated due to unpaid annual fees or invalidation declarations, and retrieve a copy of the register to fix the evidence. If the patent rights have been terminated, the plaintiff's allegations lack a legal basis, and the defendant can use this to defend against the lawsuit and request the dismissal of the lawsuit. For patents that are still in effect but whose stability is in doubt, a declaration of invalidation can be initiated simultaneously. If the other party knowingly pursues legal protection despite the patent's expiration and disseminates false information, the defendant can also claim compensation for loss of business reputation. It is recommended to entrust a lawyer to verify and formulate a defense plan as soon as possible.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.