Is the first day of various periods of patent law not counted within the period?

The first day of the various periods specified in the Patent Act and Regulations shall not be counted in the period. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date of the time limit; if there is no corresponding day in that month, the last day of the month shall be the expiration date of the time limit. Regarding the question of whether the first day of various periods of patent law is not counted within the period, the editor of Legal Savior Network will give you a detailed answer below.

1. Is the first day of various periods of patent law not counted in the period?

1. Not included in the period. The first day of the various periods specified in the Patent Act and Regulations shall not be counted in the period. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date of the time limit; if there is no corresponding day in that month, the last day of the month shall be the expiration date of the time limit.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Fifth The first day of the various periods specified in the Patent Law and these Rules shall not be counted within the period. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date; if there is no corresponding day in the month, the last day of the month shall be the expiry date; if the expiration date is a statutory holiday, the time limit shall be a holiday. The first working day in the future shall be the expiry date.

2. Term of patent announcement

The patent term refers to the legal expiration time of the patent right. From the date of patent authorization announcement, if the patent right is not terminated due to other reasons, the patent right will be terminated on the expiration date of the patent right. According to the provisions of the Patent Law, 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 calculated from the date of application.

If no reason for rejection is found after substantive examination of the invention patent application, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and at the same time Registration and Notice. The invention patent right shall take effect from the date of announcement.

If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent. decide, makeThe corresponding patent certificate shall be issued, and the patent shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

The calculation starts from the date when the patent right is announced, regardless of whether the date of announcement, the date of authorization, and the date of issuance of the patent certificate are the same day.

According to the provisions of the "Patent Law Implementing Rules", the first day of the various periods stipulated in the Patent Law and the Rules is not counted within the period. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date of the time limit; if there is no corresponding day in that month, the last day of the month shall be the expiration date of the time limit. 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.