After the patent is invalidated, it will be retried by the court, and the examination decision will be revoked, and it will still be valid after the examination decision is made again. How to calculat

After the patent is invalidated, it will be retried by the court, and the examination decision will be revoked, and it will still be valid after the examination decision is made again. How to calculate the protection period? Look at the judgment. If it is valid, it will be counted from the time it is invalid.

Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law

Article 6 The first day of various deadlines stipulated in the Patent Law and these Detailed Rules shall not be counted as the deadline. If the term is calculated in years or months,

Take the corresponding day of the last month as the expiration date of the term; If there is no corresponding day in the current month, the last day of the current month shall be the due date; If the due date is a legal holiday, the first working day after the holiday shall be the due date.

Article 7 Where a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may, within two months from the date of removal of the obstacle, at the latest within two years from the date of expiration of the time limit, explain the reasons to the patent administration department in the State Council and request the restoration of his rights with relevant supporting documents.

Where a party concerned delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council for justifiable reasons, resulting in the loss of his rights, he may explain the reasons to the patent administration department in the State Council within 2 months from the date of receiving the notice from the patent administration department in the State Council and request the restoration of his rights.

Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities.

The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 62 of the Patent Law.