Does the protection of patent rights begin from the filing date?

After applying for patent registration, the patent can be protected by Patent rights. However, the protection of patent rights is not permanent. It has a certain starting time and time limit. So how long is the starting time and limitation of patent right protection? Today, The editor of Legal Savior Network has brought you the following content about patent protection, I hope it will be helpful to you.

1. Does the protection of patent rights begin from the filing date?

Patent rights The deadline is calculated from the filing date. Article 42 of the "Patent Law of the People's Republic of China" states that 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.

2. How long is the term of patent right

Invention patent right The term of the utility model patent right and the design patent right is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated. Before the expiration of the patent right, the patentee may give up the patent right in writing.

3. Procedure for obtaining patent rights

(1) Application Principles

1. The principle of formal legality. All procedures for applying for a patent must be handled in writing or in other forms prescribed by the Patent Office of the State Intellectual Property Office. All procedures that are handled in non-written forms such as verbally, over the phone, or in kind, or by telegrams, telexes, faxes, films, or other means of communication that directly or indirectly produce printed, typed, or handwritten documents are deemed not to have been filed. , does not produce legal effect.

2. The principle of unity. It means that a patent application can only be limited to one invention. However, two or more inventions or utility models belonging to a general inventive concept can be filed as one application; two or more designs for products of the same category that are sold or used in sets can be filed as one application.

3. First-to-apply principle. If two or more applicants apply for patents for the same invention, the patent right shall be granted to the person who applies first.

4. Priority principle.

Patent priority means that after a patent applicant first files a patent application in a certain country for his invention and creation, he files another patent application for the same subject invention and creation within the statutory period. According to relevant laws and regulations, the Subsequent applications use the date of the first patent application as the filing date. This right enjoyed by patent applicants in accordance with the law is priority. The purpose of patent priority is to exclude those who copy the patent in other countries and have the opportunity to file the application first. , the possibility of obtaining registration.

Patent priority can be divided into domestic priority and international priority.