When did China's patents begin to be protected by law?

1. Since when have China's patents been protected by law? From the date of application. Legal basis: According to Article 28 of the Patent Law, the date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. According to Article 42 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, all of which are counted from the date of filing. 2. What are the uncertainties about the patent application date? (1) Uncertainty of application date The application documents will not be accepted in China National Intellectual Property Administration in any of the following circumstances, that is, the application date is uncertain: 1, and there are no requests, pictures or photos; 2. The application documents are not in Chinese; 3. The application documents are not typed or printed, and the attached drawings are not drawn with drawing tools and black ink; 4. The name and address of the applicant are missing in the request; 5. The applicant has no right to apply for a patent in China, or a foreign applicant who has no habitual residence or business office in China has not entrusted a foreign-related agency designated by China National Intellectual Property Administration to apply for a patent; 6. The category (invention, utility model or design) for which the applicant requests protection is unclear or uncertain. (2) Other issues concerning the determination of the date of application. If the application documents are submitted by post, and the postmark date on the envelope is unclear, unless the parties can provide proof, the date of receipt in China National Intellectual Property Administration is the application date. 2. There is a description of the attached drawings in the specification, but the attached drawings or some attached drawings are missing in the application documents. If the applicant submits the appended drawings within the time limit specified by China National Intellectual Property Administration, the date of submitting the appended drawings shall be the date of application; If the applicant cancels the description of the appended drawings within the time limit specified by China National Intellectual Property Administration, the original application date or mailing date shall be taken as the application date. It should be noted that the filing date mentioned here refers to the actual filing date in China, excluding the priority date. China National Intellectual Property Administration will notify the applicant in writing after accepting the patent application and determining the application date and application number. It can be seen that the date when the patent begins to be protected by law is the date when the patent administration department receives the patent application. During this period, although the patent has not been officially issued by the relevant state departments, other relevant institutions may not use it without consent during the audit period, but all the corresponding materials must be prepared in advance before they can be protected by law.