Legal analysis: the patent right will take effect from the date of announcement. The patent authorization certificate will indicate the application date and the authorization announcement date. After examination by the patent office according to law, the patent right shall be granted, the certificate shall be issued and registered in the patent register. The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the application date. Before the patent right is granted, the applicant may withdraw his patent application at any time.
Legal basis: Article 39 of the Patent Law of People's Republic of China (PRC). If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, 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.