Legal analysis
Apply for a patent to avoid losing novelty. Patent approval adopts the principle of applying first, that is, the patent right is granted to the individual or unit that applies for the patent first. Therefore, patent applicants should pay attention to applying for patents in time to prevent others from applying for patents first. In practice, there are often two wrong ideas that lead to the loss of novelty. One is publicity before patent application: some R&D personnel are eager to write papers, publish their inventions and creations, and make technical solutions public in order to show their academic level or promote their technical positions. Some enterprises, scientific research institutions and universities pay attention to the award of research results and are eager to promote and introduce their own research and development results to others, resulting in the loss of novelty. The second is to advertise first and then apply for a patent. In order to occupy the product market as soon as possible, some enterprises have begun to publicize their technological achievements before the invention is patented. For some inventions, it is often in advertising materials that the technology may be announced, thus losing the novelty of the patent. Only by applying for patents in time, arranging patents in time, forming patent monopoly by using patent system and participating in market competition can enterprises be in an invincible position in the increasingly fierce global market competition.
legal ground
Article 24 of the Patent Law of People's Republic of China (PRC) The invention-creation for which an application for a patent is filed shall not lose its novelty under any of the following circumstances within six months before the date of filing: (1) It was first made public for the public interest in case of national emergency or special circumstances; (2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; (3) It was first published at a specific academic conference or technical conference; (4) Others disclose the contents of the application without the consent of the applicant.