Legal analysis: the validity period of patent right is calculated from the date of application. 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, both counting from the date of application. 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.
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.