专利申请日

公知技术抗辩就是允许被控侵权人引用任何专利申请日之前的被公众所知的技术来进行抗辩的制度。

Existing Art defense is a legal mechanism which allows the alleged infringer to raise a defense based on the fact that the patent in action is publicly known prior to the application date of the patent .

第三十五条发明专利申请自申请日起三年内，国务院专利行政部门可以根据申请人随时提出的请求，对其申请进行实质审查；

Article 35 . Upon the request of the applicant for a patent for invention , made at any time within three years from the date of filing , the Patent Administration Department Under the State Council will proceed to examine the application as to its substance .

第二十八条国务院专利行政部门收到专利申请文件之日为申请日。

Article 28 . The date on which the Patent Administration Department Under the State Council receives the application shall be the date of filing .

已视为撤回、驳回和主动撤回的专利申请的案卷，自该专利申请失效之日起满2年后不予保存。

The files of the patent applications which have been withdrawn or deemed to be withdrawn or which have been rejected , shall not be preserved after expiration of two years from the date on which the applications cease to be valid .