When does the patent right take effect and how to go through the patent registration procedures?

Legal analysis: If the application for a patent for invention is not found to be rejected after substantive examination, the patent administration department of the State Council will make a decision to grant the 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.

After the patent administrative department of the State Council issued the notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement. Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right. Where an applicant for a patent for invention has not been granted a patent right for two years from the date of application, he shall pay the application maintenance fee from the third year.

Legal basis: Article 54 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC). After the patent administration department of the State Council issues the notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement. Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right.