2. The date of filing mentioned in the Patent Law, where there is priority, means the priority date.
3. Pay attention to the time limit of patent protection application. Before you choose to use other people's patents, you must retrieve the term of using other people's patents from the patent office.
4. Maintaining the effectiveness of the patent right is based on the premise that the patentee pays the annual fee according to the regulations. In the following cases, the patent right shall be terminated in advance:
1) The patentee fails to pay the annual fee as required.
2) The patentee waives his patent right in writing.
5. Article 39 of the Patent Law stipulates that if an application for a patent for invention is not 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, register and announce the patent right for invention at the same time, and the patent right for invention shall take effect from the date of announcement.
6. For utility models and designs, Article 40 of the Patent Law also stipulates that if the application for a patent for utility models and designs is not found to be rejected after preliminary examination, the patent administration department in the State Council shall make a decision to grant the patent right for utility models or designs, issue the corresponding patent certificate, and register and announce it at the same time.
7. The patent right for utility model and design shall take effect as of the date of announcement.
8. The validity period of the invention patent is 20 years from the date of authorization announcement to the date of application, and the validity period of the utility model and design patent is 10 year from the date of authorization announcement to the date of application.
9. The starting point of the effectiveness of the invention patent right is the date of authorization announcement, and the end point is the period of 20 years from the date of application.
10. The above validity period is based on the assumption that the patentee pays the corresponding fees (such as annual fees) on time, during which the patent has not expired.
1. If the patentee fails to pay the annual fee within the prescribed time limit, or is declared invalid, the effectiveness of the patent shall be terminated in advance.
2. When will the patent right take effect?
If there is no reason for rejecting the patent application after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the invention patent right, 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.
If the application for a patent for utility model or design is rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent 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.
From the date of patent announcement, whether the announcement date is the same as the authorization date and the patent certificate issuance date.
Patents in China are divided into three categories, including inventions, utility models and designs. Among them, different types of patents have different validity periods. As an invention patent, the validity period is 20 years from the date of authorization announcement to the date of application. However, in the case of the latter two patents, the validity period starts from the date of authorization announcement to the date of 10 year after the filing date. The above is the compilation of legal charts. There are online lawyers in law. If you have any questions, please feel free to consult.