From which day does the patent protection period begin to be calculated?

If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent right, except for unreasonable delays caused by the applicant. Regarding the question of when the patent protection period starts to be calculated, the editor of Legal Savior Network will answer it in detail for you below.

1. From which day does the patent protection period begin to be calculated?

1. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent right, except for unreasonable delays caused by the applicant.

2. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council should notify the patentee request for compensation for the duration of the patent right. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.

3. Legal basis: Article 42 of the Patent Law of the People's Republic of China,

span>The term of invention Patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is fifteen years, all starting from the filing date Starting from calculation. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall At the request of the patentee, compensation for the duration of the patent right shall be granted for unreasonable delays in the granting process of the invention patent, except for unreasonable delays caused by the applicant. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, Provide compensation for the duration of patent rights. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.

2. Scope of invention patent protection

Generally speaking, the technical solution mentioned in the patent refers to the use of natural laws to form a technical solution to solve a certain problem. It does not require a formed Products or practical applications, but they must be practical, that is, according to the technical solution you propose, the purpose of your invention can be achieved.

Under this premise, the scope of invention patent protection is quite broad. Generally speaking, we only point out the scope that invention patents do not protect. Others, as long as they belong to Technical solutions under the patent law can be considered to be within the scope of invention patent protection. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.