Legal analysis: the validity period of patent right is calculated from the date of application. According to relevant laws and regulations, the term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, all of which are counted from the date of patent application. Because at least formal examination is required, the application date and authorization date of a patent can never be the same day. Although the invention patent right, utility model patent right and design patent right all take effect from the date of authorization announcement, the right period should be calculated forward from the application date, that is, 10 or 20 years. Many people think that the effective date of a patent is the date when the Patent Office makes an authorization decision or issues a patent certificate. Strictly speaking, however, the effective date of a patent must be counted from the date of patent announcement, regardless of whether the announcement date is the same as the authorization date and the patent certificate issuance date.
Legal basis: Article 34 of the Patent Law of People's Republic of China (PRC). 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 within 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.