How to calculate the legal term and designated term of a patent?
Patent term includes legal term and specific term. How to calculate the legal term and the specified term of patent? Let's take a look at the definitions of statutory time limit and designated time limit and the calculation rules of statutory time limit and designated time limit. 1, how to calculate the legal term and patent term with a specified term? The legal terms of a patent with legal terms refer to various terms stipulated in the Patent Law and its implementing rules. For example, the time limit for the request for substantive examination of an application for a patent for invention (stipulated in paragraph 1 of Article 35 of the Patent Law) and the time limit for the applicant to go through the registration formalities (stipulated in paragraph 1 of Article 54 of the Detailed Rules for the Implementation of the Patent Law) 2. Designated time limit refers to the time limit for the examiner to stipulate the applicant, the patentee or other parties to reply or carry out some behavior in various notices made according to the Patent Law and its detailed rules for implementation. For example, according to Article 37 of the Patent Law, if the Patent Office considers that an application for a patent for invention is not in conformity with the provisions of the Patent Law after substantive examination, it shall notify the applicant to state its opinions within a specified time limit, or modify its patent application, which shall be specified by the examiner. Another example is that according to the second paragraph of Article 4 of the Detailed Rules for the Implementation of the Patent Law, all kinds of certification documents and documents submitted by the parties in accordance with the provisions of the Patent Law and its detailed rules are in foreign languages. When the Patent Office deems it necessary, it may require the parties concerned to attach a Chinese translation within a specified time limit, and the Chinese translation shall also be designated by the examiner. The prescribed period is generally two months. In the substantive examination procedure of an application for a patent for invention, the time limit for the applicant to reply to the notice of the first examination opinion is four months. For relatively simple behaviors, you can also give a time limit of one month. The above-mentioned time limit shall be counted from the date when the party concerned is presumed to have received the notice. 3. The fixed date of the patent term calculation rule (1) starts from the fixed date such as the filing date, the priority date and the authorization announcement date. For example, the term of the patent right stipulated in Article 42 of the Patent Law shall be counted from the date of filing. Paragraph 1 of Article 29 of the Patent Law stipulates that an application for a patent for invention or utility model claiming foreign priority shall be filed within 12 months, and the starting date of this period shall be counted from the date when the foreign patent application is filed for the first time (priority date). (2) All specified time limits and certain statutory time limits shall be counted from the date when the notice and decision are supposed to be received. For example, according to the provisions of Article 37 of the Patent Law, the time limit for the examiner to designate the applicant to state opinions or modify the application (designated time limit) is calculated from the date when the applicant is presumed to receive the notice of examination opinions; The time limit for the applicant to go through the registration formalities (statutory time limit) stipulated in the first paragraph of Article 54 of the Detailed Rules for the Implementation of the Patent Law shall be counted from the date when it is presumed that the applicant receives the notice of granting the patent right. It is presumed that the date of receipt is fifteen days from the date when the document is issued by the Patent Office (the date is recorded in the notice and decision). For example, the notice sent by the Patent Office to the patent applicant on July 4th, 20001year is presumed to have been received on July 9th, 20001year.