Is the date of filing or the date of publication of an exterior patent counted?
Appearance patents are an important part of the patent application process. Many people may be confused about the relationship between the filing date and the publication date of the appearance patent. Is the date of filing or the date of publication used to calculate the appearance patent? Let's take a look at this question.
First of all, we need to understand the basic concept of appearance patent. Appearance patent refers to the protection of the appearance design of a product, which is different from utility model patent and invention patent in that it mainly protects the appearance design of a product rather than its function. The application process of appearance patent includes application, examination and publication.
The calculation of the filing date and publication date of a patent of appearance needs to be determined according to the patent laws and regulations of each country. Generally speaking, most countries calculate the filing date of the appearance patent, that is, the date on which the application for the appearance patent enters the national patent office. The determination of the filing date usually depends on the time of filing the application documents and the payment of relevant fees.
The publication date of an appearance patent refers to the date on which the patent office publishes the appearance patent application. In many countries, the publication date of an appearance patent is usually within a certain period of time after the filing date, and the specific length of time varies from country to country. The publication of a patent means that the patent is in the public domain and can be examined and challenged by others.
In practice, the determination of the filing date and the publication date of the appearance patent is of great significance to both the patentee and the competitors. For the patentee, the determination of the filing date means its advantage in priority, while the determination of the publication date means the beginning of its patent right. For the competitors, they can adjust their designs and products according to the publication date of the appearance patent.
In summary, an appearance patent is based on the date of filing, and the date of publication is the date on which the appearance patent enters the public domain. For those who want to apply for an appearance patent, it is important to understand how these two dates are determined in time to protect their designs and products.
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