Temporary protection period of patent

Legal analysis: the temporary protection period of patent right refers to the temporary protection period from the date of publication of the authorization text to the time before the patent is authorized. After the publication of an application for a patent for utility model or design, you can obtain the same temporary protection as after the publication of an application for a patent for invention. The applicant may require the entity or individual that implements its utility model or design to pay an appropriate fee.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 39 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.