When is the date of patent application? What is the significance of the patent application date to the patent applicant?

Recently, I read the information and found that a friend left a message asking what is the patent application date and what is the significance of the patent application date to the patent application date? Today I will give you a brief talk. Patent application date is a term used in patent laws and regulations. The application date is counted from the date when the patent application documents are submitted to the patent administrative department of the State Council. If the application documents are mailed, the postmark date of mailing shall be the application date. Where the applicant enjoys priority, the priority date shall be regarded as the filing date. When is the date of patent application? The patent application date is of great significance to the patent applicant: the patent application date is of great significance to the patent applicant, which is directly related to whether the patent applicant can obtain the patent right. Therefore, determining the application date is the key date for the patent applicant to be granted the patent right. In addition to Article 20 of the Patent Law of People's Republic of China (PRC), it is stipulated that the date when the patent administrative department of the State Council receives the patent application documents is the filing date, and Article 28 also stipulates that if the application documents are mailed, the postmark date shall be the filing date. In other words, the application date is the date when the applicant submits the application documents to the post office. In practical work, the postmark is often vague, unable or difficult to identify. In this case, if the applicant can provide evidence of the exact date of submitting the application documents to the post office, the time when the patent administration department in the State Council receives the applicant's mail is generally the filing date. Article 4 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that all documents mailed to the patent administration department in the State Council shall be submitted on the postmark date. If the postmark date is unclear, the date of receipt by the the State Council Patent Administration Department shall be the filing date, unless the parties can provide proof. Legal significance: the date of patent application has important legal significance: it determines the time of filing the application. When there are multiple applications with the same content, the order of application determines who will be granted the patent right; It is the date standard to judge whether the invention is novel or not, because it determines the retrieval period of the existing technology; This date is also the beginning date of a series of important periods in the examination procedure and the patent protection period after the patent application is authorized. The applicant's rights will also be temporarily protected from the application date until the authorization. After the application date, the application with the same theme will lose novelty because of its conflict and cannot be granted a patent right. This is all about what is the patent application date and what it means to the patent applicant. Patent issues always need our attention. For details, please call Bajie Intellectual Property Service Hotline.