Patented technology refers to the technology protected by patent within the validity period.
According to the classification of patents in China's patent law, patented technologies mainly include technologies protected by invention patents and utility model patents. Because the design patent protects the new design, not the technology, it should be called the design patent, not the patented technology. But generally speaking, patent technology in a broad sense includes invention patent, utility model patent and design patent.
It should be noted that patented technology only refers to the technology protected by authorized patents, that is, only refers to the technology protected by patent claims. It cannot be considered that all the technologies recorded in the patent specification are patented technologies, let alone those recorded in unauthorized patent applications.
In addition, it should be noted that the patented technology will become non-patented technology with the end of the patent validity period, or the expired patented technology can be used for free. However, it is necessary to pay attention to whether other related patents are still within the validity period.
There are three types of patents in China:
1, invention patent
The definition of invention in the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China is: "Invention refers to a new technical scheme proposed for a product, method or its improvement."
The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products.
Invention patents do not seek technical achievements that can be directly applied to industrial production through practice. It can be a solution to a technical problem or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with simply putting forward a topic or idea, because a simple topic or idea does not have the possibility of industrial application.
2. Patent for utility model
The definition of utility model in the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law in China is: "Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme.
However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
3. Design patents
The third paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of our country defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of products, as well as colors, shapes and patterns."