How to determine the start time of invention patent rights?
The term of invention patent rights Most statutory periods are calculated from fixed dates such as the filing date, priority date, and authorization announcement date.
The validity period of patent rights is calculated from the date of application. According to the "Patent Law", the term of invention patent rights is twenty years, and the term of utility model patent rights is ten years. In 2017, the term of design patent rights is fifteen years, calculated from the date of application.
Since at least formal examination is required, the application date and grant date of the patent cannot be the same day. According to Articles 39 and 40 of the Patent Law, although invention patent rights, utility model patent rights and design patent rights are effective from the date of authorization announcement, the duration of the rights must be extrapolated forward from the date of application. Start counting 10 or 20 years.
Many people think that the effective date of a patent is the date when the patent office makes an authorization decision or issues a patent certificate. However, strictly speaking, the effective date of a patent must be calculated from the date of announcement of the patent right, regardless of whether the date of announcement, the date of authorization, and the date of issuance of the patent certificate are the same day.
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