When does patent signature right begin to be calculated
According to the "Patent Law" , the term of invention Patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both 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 It is calculated 10 or 20 years from the date of application.
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.
Determination of application date
The application date is determined based on the date the patent administration department of the State Council receives the patent application documents. If the application documents are mailed, the postmark date shall be the date of application.
One confusing issue is that if the patent application enjoys priority, whether the filing date is calculated based on the filing date of the application document or the priority date calculate?
According to Article 11 of the Implementing Rules of the Patent Law, except for the circumstances specified in Articles 28 and 42 of the Patent Law, patents The term "application date" as used in the Act refers to the priority date if there is priority. The application date mentioned in these Rules, unless otherwise provided, refers to the application date stipulated in Article 28 of the Patent Law.
Since the calculation of the duration of patent rights is stipulated in Article 42, when a patent application enjoys priority, the novelty of the patented technology is judged based on the priority date. However, the term of patent rights is calculated from the date of application.
In practice, many of us may come into contact with questions about when the patent signature rights begin to be calculated. question, but because we don’t know much about it, there are a lot of things that are not very clear. Regarding this question, next, the editor of Legal Savior Network has compiled some relevant information and let all friends learn about patent signature. When does the right start to be calculated?
According to the "Patent Law", the term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is The term is ten years, calculated from the filing date.
Since at least formal examination is required, the filing date and granting 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. But strictly speaking, patent The effective date must be calculated from the date of announcement of the patent right, regardless of whether the date of announcement is the date of authorization or the date of issuance of patent certificate
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