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外觀設計專利的保護期限是多久？如何計算？

來源：知服服 ??? 日期：2021-05-31

外觀設計專利的保護期限是多久？新專利法實施後外觀設計專利的保護期限有什麽變化？下面詳細介紹外觀設計專利的保護期限的相關內容。

外观设计专利的保护期限.jpg

什麽是外觀設計專利保護期限？

外觀設計專利保護期限是指外觀設計專利被授予權利後，得到專利保護的時間期限。

外觀設計專利權被授予後，任何單位或者個人未經專利權人許可，都不得實施其專利，即不得爲生産經營目的制造、許諾銷售、銷售、進口其外觀設計專利産品。

外觀設計專利的保護期限是多久？

2020年10月17日，關于修改專利法的決定經全國人大常委會表決通過。修改後的專利法自2021年6月1日起施行，這是我國現行專利法迄今爲此的第四修改，修改後的外觀設計專利保護期限從10年延長至15年。

因此，申請日爲2021年6月1日（含該日）之後的外觀設計專利，保護期限爲十五年，自申請日起計算。

新專利法實施前申請的外觀設計專利的保護期限是多少年？

我国《立法法》第九十三条规定：法律、行政法规、地方性法规、自治条例和单行条例、规章不溯及既往，但为了更好地保护公民、法人和其他组织的权利和利益而作的特别规定除外。2020年10月，全国人大常委会表决通过修改《專利法》的决定，修改后的專利法未就溯及力问题作出特别规定。因此，对新專利法生效前提交的外观设计專利申請及授予的专利权，根据修改前的專利法规定，保护期限为十年。

因此，申請日爲2021年5月31日（含該日）之前的外觀設計專利，保護期限爲十年，自申請日起計算。

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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. 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