The period of validity of a patent shall be counted from the date of application. Article 10 Detailed Rules for the Implementation of the Patent Law Except under the circumstances stipulated in Article 28 [1] and Article 42 [2] of the Patent Law, the date of filing mentioned in the Patent Law, if there is priority, means the priority date. Because Article 42 stipulates the calculation of the patent term, in the case that the patent application enjoys priority, the novelty of the patented technology is judged according to the priority date, but the patent term is calculated from the application date. Because at least formal examination is required, the application date and authorization date of a patent can never be the same day. According to Articles 39 and 40 of the Patent Law, although the invention patent right, utility model patent right and design patent right all take effect from the date of authorization announcement, the term of rights shall be calculated forward from the date of application, that is, 10 or 20 years.
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Detailed rules for the implementation of patent law
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The first day of various deadlines stipulated in the Patent Law and these Rules shall not be counted in the deadline. If calculated in years or months, the expiration date shall be the corresponding day of the last month; 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.