First, the patent annual fee payment time
Clear the calculation method of patent life: from the date of application. For example, the filing date of a patent is 1 20 14, and the first year is 1 20 15, 1 20 18. The annual fee shall be paid before the annual deadline of the following year, and the annual fee for patents shall be paid in February of each year. Of course, you can pay in advance. If the payment is delayed for less than one month, it will still be paid according to the original fee. Overdue for more than one month, a monthly fine for delaying payment. If the delay exceeds six months, it means that the patentee gives up the patent right, and China National Intellectual Property Administration changes the legal status of the patent to the termination of the patent right.
Secondly, there is no need to pay the annual fee from the first year. Before the patent is granted, the patent applicant will be notified and go through the registration formalities. The whole notice will specify which year you want to pay the annual fee. This is the annual fee for the first year, which is one of the parameters used in the annual fee calculator.
Second, the criteria for judging patent infringement
1, to determine the protection scope of the patent right. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the claim. When interpreting the claims, the technical content recorded in the claims shall prevail, not the words or wording of the claims.
2. According to the principle of universal coverage. All the technical features of the accused infringing object (product or method) are compared with all the technical features of the technical scheme recorded in the patent claim one by one, and the accused infringing object (product or method) corresponds to and is the same as all the necessary technical features recorded in the patent independent claim, which constitutes infringement. There are four specific situations:
(1) includes: the technical features of the accused infringer include all the necessary technical features recorded in the claim;
(2) The upper concept covers the lower concept: the necessary technical features recorded in the patent independent claim adopt the upper concept, and the object accused of infringement is the lower concept;
(3) Addition: the accused infringer added new technical features on the basis of using all the necessary technical features in the claim;
(4) Dependent patent: The accused infringer improved the technology of the former patent and obtained the patent right, which belongs to the dependent patent and was implemented without the permission of the former patentee.
This is how students apply for patents. Related content of. Students need to pay attention to many situations when applying for patents. If you have other questions about these, you can log in to Intellectual Property and have professional customer service to answer them for you.