So not everything can be protected by patent right. A typical example is the formula of Coca-Cola. As we all know, it is protected by trade secrets. At most, others can try to make some, but the taste is not necessarily the same.
If there is no capital investment, you can choose a partner to set up a company for production. Technology can be used to participate in shares, not necessarily with money. We provide technology. Of course, when looking for partners, we should also pay attention to avoid being cheated and stealing technology.
In addition, there seems to be a misunderstanding in the above text,' Only the formula or a trademark in the product can be patented'. Patents are divided into three categories, and inventions, utility models and designs all have corresponding protection objects. Trademarks are protected by the Trademark Law. Regarding whether you can apply for a patent, please refer to the topic of not applying for a patent in the Patent Examination Guide. Thank you!
Question 2: How to protect your creativity? As a trade secret protection
If you have an idea, you can neither apply for trademark registration, nor apply for a patent or form a work. Then, if the idea is technical information and commercial information unknown to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee, then the obligee can protect it as a commercial secret. The obligee shall take reasonable confidentiality measures and sign a confidentiality agreement with the unit or individual informed of the idea, requiring them not to disclose or use the business secret without authorization.
Article 10 of China's Anti-Unfair Competition Law stipulates that business operators shall not infringe on business secrets by the following means:
(1) Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets.
Article 43 of the Contract Law stipulates that the business secrets known by the parties in the process of concluding a contract shall not be disclosed or improperly used, regardless of whether the contract is established or not. If the disclosure or improper use of business secrets causes losses to the other party, it shall be liable for damages.
Therefore, when trade secret infringement occurs, the obligee can seek relief according to the corresponding laws.
Question 3: How should creativity be protected? Creativity is an intangible asset. A good idea may bring great wealth to the obligee. However, there are no special laws and regulations on creative protection in China. So, what methods can protect our creativity?
I. Trademark registration
If the creativity belongs to the trademark design of goods or services, the obligee can protect its creativity by applying for trademark registration. China's Trademark Law stipulates that the right holder has the exclusive right to use a registered trademark for a trademark that has been applied for registration according to law. Without the permission of the trademark registrant, anyone uses the same or similar trademark on the same or similar goods; Or selling goods that infringe the exclusive right to use a registered trademark; Or forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization; Or change its registered trademark without the consent of the trademark registrant, and put the goods with the changed trademark on the market again; All belong to tort. The trademark owner may bring a lawsuit to the people's court in accordance with the Trademark Law, or request the administrative department for industry and commerce to handle it.
Second, the patent application
If an idea is based on a technological invention and conforms to the provisions of China's patent law on patent application, the right holder can obtain protection by applying for a patent. According to the specific content of creativity, you can apply for a patent for invention, utility model or design. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
China's patent law stipulates that after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes.
However, it should be noted that once an idea is patented, it is well known to the public, regardless of whether the right holder finally obtains the patent authorization. In addition, patent protection has a certain period, not indefinite protection. The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.
Third, copyright protection.
Many ideas often fail to meet the standards of patent application, but if the ideas are original intellectual achievements in the fields of literature, art and science, the right holder can express the ideas in the form of works and seek protection through copyright law. China's copyright law protects a wide range of works, including (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.
Fourth, as a trade secret protection.
If you have an idea, you can neither apply for trademark registration, nor apply for a patent or form a work. Then, if the idea is not known to the public, can bring economic benefits to the obligee, is practical, and has been kept secret by the obligee, then the obligee can protect it as a trade secret. The obligee shall take reasonable confidentiality measures and sign a confidentiality agreement with the unit or individual informed of the idea, requiring them not to disclose or use the business secret without authorization.
Article 10 of China's Anti-Unfair Competition Law stipulates that business operators shall not infringe on business secrets by the following means:
(1) Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
The third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses them ...... >>
Question 4: How to protect your creativity? The specific protection method needs to be determined according to the specific content of creativity. For existing or upcoming ideas, it is generally recommended to protect them in the form of patents or copyrights (including software copyrights). For ideas (or business models) that are not expressed in a technical or tangible way, especially at the stage of introducing investors, it is suggested to protect them in the form of trade secrets. Trade secret protection is a relatively weak way of protection, and traders can easily avoid cracking it, which involves related issues at the contract level and technical operation level and needs careful design and procedural protection. In order to make more accurate suggestions or protection plans, I need to review and analyze your background information in detail. You can call or come to my office for an interview.
Question 5: How can I sell my ideas? How is creativity protected? But to sell, it depends on whether it can be accepted by the market, that is, whether it can create economic benefits. Just like most patents in China National Intellectual Property Administration, they have no market value (or are not recognized by the market), so they can only get a single name (although the patent level is very different, service inventions can still improve the grade of enterprises). And more so-called creativity can't (or is difficult to) form a standard document for intellectual property protection, and it can only rely on itself. Either way, if you want to sell or find someone to cooperate to implement your own ideas, you must have a clear market digestion foundation. Of course, the first is your own judgment. Does this idea have a market prospect? On the basis of affirmative answer, the following suggestions are put forward: 1. Divide your creative works into industries and fields, search online and judge whether there are similar (or similar) products or behaviors. (None: Yes) 2. If so, for areas far away from the local area, first consider learning from them and improving your creativity, which will further increase your confidence. For local or surrounding areas, pay attention to its market operation and think twice before you act. 3. When starting to act, the order of finding partners is: relatives and friends in the industry, basically trustworthy voluntary investors introduced by relatives and friends, and reputable enterprises in the local industry (people in the industry are easy to accept your lobbying, have ready-made resources, and the investment cost is correspondingly smaller). 4. When communicating, the first thing is thick lines, and the main content is reserved. Impress each other with your sincerity, quality, experience and prospect description of creative projects. 5. If the other party is willing to continue communication and sign a legal agreement, it is mainly to restrain the other party's possible infringement. 6. If the idea has a core content (such as an additive in the chemical product formula), it must be reserved for the final project implementation (even the implementation process is self-operated). 7. After the two sides reach an understanding, there should be a formal cooperation agreement. Formal cooperation agreements involve more contents, besides intellectual property protection, there are their own responsibilities, rights, interests and detailed rules. Creativity is easier than starting a business. When you treat an idea as a business (not just selling money), learn more from the experience and lessons of predecessors. I hope the above suggestions are useful to you and I wish you success!
Question 6: How to protect your game ideas from being taken away by others? If this problem is in the China market, basically if you regard this sentence as a headache, please don't put your creativity into action, because no matter whether you are successful or not, there will be a tracker behind you.
To really solve this seemingly problematic problem, we should focus on how to create value continuously, stably and strategically and drive the market trend continuously. Instead of protecting your ideas from being stolen. .
Specifically, in terms of games, I think in addition to the technical support of Niu B, you also need a marketing strategist of Niu B to join. Of course, besides that, I don't need to say more about money. . .
Question 7: How to protect your ideas or creativity? A 20-point idea cannot be protected, because the unrealistic content of the idea cannot prove who the idea belongs to.
If you want to protect your idea, it is to sign an agreement. There is only one way-list the core content of your idea in the agreement.
Question 8: I want to ask how to protect a marketing strategy idea and safeguard my own interests. Before negotiation, you can sign a confidentiality contract with the other party: the business secrets that the parties know in the process of concluding the contract, regardless of whether the contract is established or not, shall not be disclosed or improperly used. If the disclosure or improper use of business secrets causes losses to the other party, it shall be liable for damages.
Question 9: How to use intellectual property rights to protect your creativity or design creativity, or if the design is an artistic or written work, you can apply for copyright protection; If the technical scheme is realized by designing and applying computer software, we can consider applying for an invention patent for the design software. Of course, if you are the internal creativity or design of an enterprise product, it is not easy for people to reverse engineer the product after sale, so you can protect it as a technical secret.
Question 10: How to protect and make commercial use of a good idea? I have no money to invest myself. How to cooperate with others or apply for a patent. Add some characteristics of creativity: good creativity has different ways of protection. As far as patent applications are concerned, there are restrictions. Some things can't be patented, and the longest patent protection time is only 20 years. When the deadline is up, the public can use it for free;
So not everything can be protected by patent right. A typical example is the formula of Coca-Cola. As we all know, it is protected by trade secrets. At most, others can try to make some, but the taste is not necessarily the same.
If there is no capital investment, you can choose a partner to set up a company for production. Technology can be used to participate in shares, not necessarily with money. We provide technology. Of course, when looking for partners, we should also pay attention to avoid being cheated and stealing technology.
In addition, there seems to be a misunderstanding in the above text,' Only the formula or a trademark in the product can be patented'. Patents are divided into three categories, and inventions, utility models and designs all have corresponding protection objects. Trademarks are protected by the Trademark Law. Regarding whether you can apply for a patent, please refer to the topic of not applying for a patent in the Patent Examination Guide. Thank you!