How to distinguish a patent from a patent application?

In daily life, people usually confuse the two concepts of "patent" and "patent application". For example, some people claim that they have a patent before their patent application is authorized. The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. The legal protection of patent right has timeliness. The term of invention patent right in China is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. So, how to distinguish a patent from a patent application?

How to distinguish a patent from a patent application?

In fact, a patent application can only be called a patent application before it is authorized. If it is finally authorized, it can be called a patent and enjoy the exclusive right to use the technical scope it requests to protect. If it is not authorized by a patent, it will never have a chance to become a patent. That is to say, although he submitted a patent application, he did not obtain the exclusive right to use the technical scope he requested to protect. Obviously, the gap between the two results represented by these two concepts is huge.

Here, although the first two meanings of patent are different, they are all intangible, and the third meaning refers to tangible matter. The word "patent" can refer to only one of the meanings, or it can contain more than two meanings, and the specific situation must be viewed in context. Regarding the concept of "patent", people generally think that it is a document issued by a patent institution according to an invention application, which describes the content of the invention and creates a legal state, that is, a patented invention can only be used (including manufacturing, use, sales and import, etc.). ) with the permission of the patentee.

Because patents involve naked interests, the knowledge, laws and regulations related to patents around the world are quite numerous, detailed and even different. For details, please refer to the relevant specific laws, regulations or international treaties, and refer to the resources.

It is worth noting that the two basic characteristics of patents are "monopoly" and "openness", and the exchange of "openness" for "monopoly" is the most basic core of the patent system, which represents two sides of rights and obligations respectively. "Proprietary" refers to the exclusive right granted by law to a technology inventor for a period of time; "Openness" means that the technical inventor makes his technology public in exchange for the exclusive right granted by law, so that the public can obtain relevant patent information through normal channels.

According to the statistics of the World Intellectual Property Organization, 90%-95% of inventions in the world can be found in patent documents every year, and about 70% of them have never been published in other non-patent documents. Consulting patent documents frequently in scientific research can not only improve the research starting point and level of scientific research projects, but also save about 60% of research time and 40% of research funds.

Patent is an intangible asset. Inventors can resell patents to obtain funds and convert intangible assets into cash. The state protects the inventor's patent right. Without the consent of the patentee, no individual or company may infringe upon or use the patent achievements. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop service for enterprises, helping you to quickly establish an enterprise foundation and enhance your business during the enterprise development period. Please log in for details.