When does the patent protection date start?

Legal analysis: the date of patent protection, if the invention patent right is 20 years, the utility model patent right and the design patent right are 10 years, both of which are counted from the application date. Patent law is a law and regulation formulated to protect the legitimate rights and interests of patentees, encourage inventions, promote the application of inventions, improve innovation ability, and promote scientific and technological progress and economic and social development. The state attaches great importance to the protection of the rights of patentees, who enjoy the right to license, transfer and exclusive use. However, the protection period of the patent right is also limited. The term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year.

Legal basis: According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, all of which are counted from the date of application.

Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.

In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.