Judging from the above provisions, there are problems. Infringement of the rights of the patentee from the date of patent application to the date of announcement does not constitute infringement. Only after the patent right comes into effect can the infringement of this right occur. So the term of patent protection in Article 42 is counted from the date of filing, does it mean that the so-called "protection period" between the date of filing and the date of announcement has no practical significance? This is puzzling. Infringement within the protection period does not constitute infringement. What is protection?
According to Article 42 of the Patent Law, the duration of the patent right for invention is 20 years, and the duration of the patent right for utility model and design is 10 years, counting from the date of application. The actual protection period begins after the announcement of authorization (the invention patent is temporarily protected from the date of publication to the date of announcement of authorization), so the period from the date of application to the date of announcement of authorization is not the effective period of the patent right, and the actual protection period is less than 20 years, 10 year. Since the date of application, it is only a way to calculate the time limit, so you don't need to doubt, because this legislation is in line with the international treaties that China has joined and the legislation of similar countries, and it takes into account the actual situation of our country.
Maybe you think that the term of patent is 20 years, 10 year, and you can stipulate that the substantive protection period from the date of authorization announcement is 20 years, 10 year. However, the reality is that legislation is more concerned with national interests, and China enterprises are not strong enough. You can understand that legislators are considering the choice of comprehensively balancing the interests of many parties and meeting the needs of national development.