The protection of patent right is from the date of application or from the date of non-application.

Legal analysis: the protection of patent right exists from the date of application. According to relevant laws and regulations, the protection period of invention patent right is 20 years from the date of application, and the protection period of utility model patent right and design patent right is 10 year from the date of application.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.

Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(a) failing to pay the annual fee in accordance with the provisions;

(2) The patentee waives his patent right in writing.

Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.