Disclosure in the type of patent legal status only means that the content of your invention application is no longer confidential, but is made public through the publication procedure of the invention:
After an application for a patent for invention has passed the preliminary examination, it shall be prepared for publication within fifteen months from the date of filing (the priority date shall prevail if there is priority) and published after the expiration of eighteen months.
The publishing method includes:
1, patent announcement
2. China National Intellectual Property Administration. Com to the public.
1, patent announcement
The content only includes: description, abstract and abstract drawings, but if there are no drawings in the description, there may be no abstract drawings.
2. China National Intellectual Property Administration. Com to the public.
Publicity right of patent authorization behavior
The so-called patent authorization behavior refers to the behavior that the national patent examination department confirms whether the invention and creation can be granted a patent according to the requirements and procedures stipulated in the patent law at the request of the civil subject who has the right to apply for a patent, and makes a decision and makes an announcement according to law. As a civil judicial administrative act, patent authorization's legal consequences will affect the legal status of stakeholders. One of the important characteristics of patent right is that the patentee enjoys the absolute exclusive right to the invention and creation within its authorized scope. In many cases, patent rights are often compared to real estate such as land.
The decision of patent authorization must be announced, and the important value of patent authorization announcement is that it is a publicity method of patent acquisition. The law clearly stipulates that the patent right shall take effect from the date of authorization announcement. As far as copyright is concerned, the law does not protect the idea of a work but only the form of expression, which makes it difficult for copyright owners to abuse their rights and use copyright to control the relevant market; {1} The patent right has a high degree of monopoly. The patentee can exclude others from obtaining the patent right for the same subject again, or anyone from using the invention without permission, regardless of whether it is self-developed. The important mission of the patent authorization announcement is to announce to the public the rights of inventions and creations that meet the conditions authorized by the patent law, so as to let the public know and avoid duplication of work and unintentional infringement by others.