Legal analysis: Patent rights take effect from the time of announcement. According to relevant legal provisions, parties applying for a patent must submit relevant application materials. After receiving the application for an invention patent, the patent administration department of the State Council shall conduct a corresponding examination. If the application passes the examination, it shall 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.
Legal basis: "Patent Law of the People's Republic of China"
Article 26 To apply for an invention or utility model patent, a request, description and abstract shall be submitted and claims and other documents.
Article 34: After the patent administration department of the State Council receives an invention patent application and determines upon preliminary examination that it meets the requirements of this Law, it shall publish it immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to make the request within the time limit without justifiable reasons. If the application is subject to substantive examination, the application will be deemed to have been withdrawn.
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.