What are the contents of patent documents?
1, used in spoken language, only refers to exclusive. For example, "this is not your patent"; 2. The triple meanings in intellectual property rights are easily confused. First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country. Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document. 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 a 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 (WIPO), 90%-95% of the 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. Frequently consulting patent documents 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. The meaning of patent A patent is an invention protected by legal norms. It is an invention-creation that applies to the national examination and approval authority for a patent and is granted the exclusive right to invent within a specified time after passing the examination according to law. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law. 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. Supplement: China patent type 1. Invention patent The first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China defines invention as: "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. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple 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 Implementation Rules of the Patent Law of China is: "Utility model refers to a new and practical technical scheme 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. Patent for Design Article 2, paragraph 3 of the Detailed Rules for the Implementation of the Patent Law of China defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product." Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.