When does patent protection begin?

When does patent protection begin? The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application. The filing date is determined according to the date when the patent administrative department of the State Council receives the patent application documents. If the application documents are mailed, the postmark date shall be the application date. The following is introduced in detail by Bian Xiao in this article. When does the protection of patent right begin? 1. The validity of the patent right shall be counted from the date of application. According to the provisions of the Patent Law, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both of which are counted from the date of patent application. 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. Many people think that the effective date of a patent is the date when the Patent Office makes an authorization decision or issues a patent certificate. Strictly speaking, however, the effective date of a patent must be counted from the date of patent announcement, regardless of whether the announcement date is the same as the authorization date and the patent certificate issuance date. Two. Determination of the date of application The date of application shall be determined according to the date when the patent administrative department of the State Council receives the patent application documents. If the application documents are mailed, the postmark date of mailing shall be the application date. There is a confusing question: if a patent application enjoys priority, is the filing date calculated according to the filing date of this application document or the priority date? According to the provisions of Article 11 of the Detailed Rules for the Implementation of the Patent Law, the date of filing mentioned in the Patent Law, if there is priority, refers to the priority date, except for the circumstances stipulated in Articles 28 and 42 of the Patent Law. Unless otherwise specified, the filing date mentioned in these Rules refers to the filing date stipulated in Article 28 of the Patent Law. 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. 3. Article 39 of the Patent Law If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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. Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.