Start date of patent term

Legal analysis: 1, calculated from fixed dates such as application date, priority date and authorization announcement date. Most statutory time limits are calculated from fixed dates such as application date, priority date and authorization announcement date. For example, the term of the patent right stipulated in Article 42 of the Patent Law shall be counted from the date of filing. Paragraph 1 of Article 29 of the Patent Law stipulates that an application for a patent for invention or utility model claiming foreign priority shall be filed within 12 months, and the starting date of this period is the date when the patent application is first filed in a foreign country (priority date).

2. Counting from the date when the notice and decision are supposed to be received.

All specified time limits and some statutory time limits are calculated from the date when the notice and decision are presumed to be received. For example, according to the provisions of Article 37 of the Patent Law, the time limit for the examiner to designate the applicant to state opinions or modify the application (designated time limit) is calculated from the date when the applicant is presumed to receive the notice of examination opinions; The time limit for the applicant to go through the registration formalities (statutory time limit) stipulated in the first paragraph of Article 54 of the Detailed Rules for the Implementation of the Patent Law shall be counted from the date when it is presumed that the applicant receives the notice of granting the patent right. It is presumed that the date of receipt is fifteen days from the date when the document is issued by the Patent Office (the date is recorded in the notice and decision).

Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC) has a term of 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of filing.