When will the patent right take effect?
When will the patent right take effect? According to the Patent Law and its related laws, the legal liabilities that the infringer should bear include civil liability, administrative liability and criminal liability. So when does the patent right come into effect? When will the patent take effect? Article 39 of the Patent Law stipulates that if an application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement. Article 40 of the Patent Law stipulates that if the application for a patent for utility model or design is not rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.