The patent authorization date is the authorization announcement date of the National Patent Office. That is, it will take effect from the date of patent authorization announcement. However, the patent protection period is calculated from the filing date.
Legal Analysis
1. Medical expenses: Medical expenses are determined based on the receipts for medical expenses and hospitalization fees issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost work pay: Lost work pay is determined based on the victim’s lost work time and income status. 3. Nursing fees: Nursing fees are determined based on the income status of the nursing staff, the number of caregivers, and the duration of care. 4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his necessary accompanying persons for medical treatment or transfer to a hospital for treatment. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the business trip food subsidy standards for general staff of local state agencies. 6. Nutritional expenses: Nutritional expenses are determined based on the victim’s disability and with reference to the opinions of the medical institution. 7. Disability compensation: Disability compensation is based on the degree of the victim's loss of working ability or disability level, based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is based, and is calculated based on the date of disability. Twenty years count. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.
Legal basis
Article 216 of the "Criminal Law of the People's Republic of China" A fine may also be imposed or a fine may be imposed.
"Patent Law of the People's Republic of China"
Article 1 is to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, and improve innovation capabilities , to promote scientific and technological progress and economic and social development, this law is formulated.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.