How is the temporary protection period of patent stipulated?

The provisions on the temporary protection period of patent right are as follows: the temporary protection period of patent right refers to the temporary protection period from the date when the patent administration department of the State Council receives the application for invention patent and publishes it immediately to the date when the patent right is granted. The applicant may require the entity or individual that implements its utility model or design to pay an appropriate fee within the protection period.

legal ground

Article 13 of the Patent Law of People's Republic of China (PRC) came into force on June/day, 2002 1 year.

After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.

Article 34

After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35

Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.