Are most patents valid on the day of application?

Patent protection has existed since the date of filing. According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent, utility model patent and design patent shall be counted from the date of application, in which the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year.

legal ground

In Article 42 of the Patent Law of People's Republic of China (PRC), 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 application. Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.