Some media have summarized the reasons for the formation of so-called "junk patents": first, there is no strict control when reviewing patent applications; second, many people take advantage of the loopholes of non-substantive review of designs and utility models, which leads to The emergence of “junk patents”. This is at the institutional level. Another reason is that there is insufficient science publicity. The public thinks that patents are all the same and does not know that there are patent certificates that can be obtained without substantive examination, leaving room for criminals to deceive.
There are three types of national patents: invention patents, utility model patents, and design patents. Among the three types of patents, the most valuable and most difficult to obtain is the invention patent, which takes several years from application to grant. The latter two patents have nothing to do with technological content and can be obtained by filling out the relevant application forms as required. A large number of primary school students' patents are utility model and design patents. As long as the format is filled in correctly, they will be 100% authorized. In the past, you could get extra points when enrolling from elementary school to junior high school. However, as the truth has become more popular, they are no longer allowed to enroll in junior high schools.
Indeed, according to the standards of "innovation" and "right stability", when my country's invention, utility model and design patents coexist, there are indeed some legally valid patents that belong to " Junk patents", but these are only a handful. In fact, how many “junk patents” are caused by some people’s ignorance or even misunderstanding of the patent system?
According to the current development situation in China, the biggest source of junk patents should be manufacturers that specialize in making copy versions. The process of these manufacturers making and selling imitations has revealed that Chinese people are paying more and more attention to original products. Original products Another interpretation of "" means patented products, so imitation factories will use genuine products to apply for patents on a certain part of the structure that is unimportant or not creative. Some people may ask why such a crude patent can be obtained. How about getting the certificate?
Because the country adopts a declarative approach to patents for new structures, it is quite easy to get the patent certificate. But when it comes to the validity of the patent, it must be based on A search report is made for this patent. The cost of the search report is more expensive than the cost of applying for a patent. After the search report comes out, it will clearly tell you whether the patent is innovative and novel. If the patent is not innovative, the legal The above does not enjoy patent rights.
Chinese people respect patent rights more and more. In order to survive, the normal way for imitation factories is to start investing in research and development and develop their own products. However, imitation factories But they used the opposite method, applied for a junk patent, and used this patent to defraud orders. You must be on guard against it.