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WIPO中國微課堂：專利保護期

來源：WIPO中國 ??? 日期：2020-08-03

專利局授予專利的時間在不同的專利局和技術領域之間相差很大，可以從幾個月到幾年，一般爲二至五年。有些專利局建立了加快授予專利的程序，申請人在特別情況下可以請求加快審查。

發明從何時開始受到保護?

专利权从专利授予之日起才生效，只有在授予专利权之后您才能对第三方未经许可使用您的发明提起诉讼。在有些国家，对于在專利申請公布之日(通常在首次申请提出后18个月)和专利授予之日之间所发生的侵权，您可以在获准专利后起诉侵权者，并且对其在专利公开和授权之间这段时间的使用要求合理赔偿，但是并非所有国家都支持这样的做法。

在有些国家，可以就同一发明既提出專利申請又提出实用新型申请。这样做是为了在专利最终获准之前从实用新型的保护中获益(授予实用新型一般较快)。

專利保護持續多長時間？

目前的國際標准規定保護期從提出申請之日起20年，條件是在這段時間內及時繳納續展或維持費，且專利無效或撤銷請求未能成功。

以上所述系專利的法律壽命，而如果專利所涉及技術已經過時，或無法商業化，或基于該專利制造的産品未能在市場中成功，該專利的商業或經濟壽命即告結束。在所有這種情況下，專利持有人可能不再繳納維持費或續展費，而任由其在20年保護期未滿之前失效。這樣以來，該發明就進入了公有領域。

在有些國家，在非常特別的情況下，專利保護可以延長至20年以上，或授予補充保護證書(SPCs)。醫藥專利就是這種情況，原因是從主管政府當局得到銷售認可需要的時間會導致商業化的延遲。

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"There's another river like it in the Pacific Ocean," Frank explained; "it is called the Japan Current, because it flows close to the coast of Japan. It goes through Behring Strait into the Arctic Ocean, and then it comes south by the coast of Greenland, and down by Newfoundland. That's what brings the icebergs south in the Atlantic, and puts them in the way of the steamers between New York and Liverpool. To be free and to rule over freemen were, with Socrates, as with every Athenian, the goals of ambition, only his freedom meant absolute immunity from the control of passion or habit; government meant superior knowledge, and government of freemen meant the power of producing intellectual conviction. In his eyes, the possessor of any art was, so far, a ruler, and the only true ruler, being obeyed under severe penalties by all who stood in need of his skill. But the royal art which he himself exercised, without expressly laying claim to it, was that which assigns its proper sphere to every other art, and provides each individual with the employment which his peculiar faculties demand. This is Athenian liberty and Athenian imperialism carried into education, but so idealised and purified that they can hardly be recognised at first sight. The idea of such a provisional code seems to have originated with Zeno;61 but the form under which we now know it is28 the result of at least two successive revisions. The first and most important is due to Panaetius, a Stoic philosopher of the second century B.C., on whose views the study of Plato and Aristotle exercised a considerable influence. A work of this teacher on the Duties of Man furnished Cicero with the materials for his celebrated De Officiis, under which form its lessons have passed into the educational literature of modern Europe. The Latin treatise is written in a somewhat frigid and uninteresting style, whether through the fault of Cicero or of his guide we cannot tell. The principles laid down are excellent, but there is no vital bond of union holding them together. We can hardly imagine that the author’s son, for whom the work was originally designed, or anyone else since his time, felt himself much benefited by its perusal. Taken, however, as a register of the height reached by ordinary educated sentiment under the influence of speculative ideas, and of the limits imposed by it in turn on their vagaries, after four centuries of continual interaction, the De Officiis presents us with very satisfactory results. The old quadripartite division of the virtues is reproduced; but each is treated in a large and liberal spirit, marking an immense advance on Aristotle’s definitions, wherever the two can be compared. 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