1. The Patent Law stipulates how the patent application date is determined
1. The patent filing date of a patent application is determined according to the following circumstances:
(1) The date when the patent administration department of the State Council receives the patent application documents is the filing date.
(2) If the application documents are mailed, the postmark date shall be the application date.
2. Legal basis: "Patent Law of the People's Republic of China"
Twenty-eighth Article 1 The date when the patent administration department under the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date shall be the date of application.
2. Process of applying for design patent
After the Patent Office accepts the design patent application, it will conduct a preliminary review to examine whether the patent application documents are complete, whether the documents comply with the prescribed format, and whether the application complies with the patent law and its Relevant provisions of the implementation rules.
If no reason for rejection of the design patent application is found after preliminary examination, the Patent Office will issue an authorization notice. It generally takes 6 months from filing a patent application to the patent office issuing a grant notice.
After the Patent Office issues the authorization notice and the registration formalities notice, the applicant should pay the registration fee and announcement within 2 months from the date of receipt of the notice. Printing fees and annual fees for the year of authorization, etc. Issuance of patent certificates, patent registration, and announcement in the Patent Bulletin.
If the applicant completes the registration procedures within the prescribed time limit, the Patent Office will issue a design patent certificate and register and announce it at the same time.The rights shall take effect from the date of announcement.
After authorization, the patentee shall pay annual fees in accordance with regulations before the expiration of the patent term to maintain the validity of the patent.
According to the provisions of the Patent Law, the date when the patent administration department of the State Council receives the patent application documents is the application date. If the application documents are mailed, the postmark date shall be the date of application. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
