What kind of report is the design patent evaluation report?

1. What kind of report is the design patent evaluation report? (1) The patent evaluation report is an authoritative patent quality evaluation issued by China National Intellectual Property Administration. At the request of the patentee or interested party, it searches the related utility model or design patent after being granted the patent right, and analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its implementing rules. 1. The patent evaluation report is not an administrative decision, but a form of evidence or certificate. When trying and handling patent infringement disputes, the people's court or the administrative department for patent affairs may decide whether it is necessary to suspend relevant procedures. Generally, the patent evaluation report is needed when the above-mentioned "program suspension" affairs are involved. 2. The function of patent evaluation report is not only here. No patent evaluation report is required after authorization. However, because the application for patent for utility model and design can only be authorized through the preliminary examination procedure, the examiner's examination degree is relatively light. Therefore, after a utility model or design is granted a patent right, it does not mean that the patent right is stable (that is, there is no invalidation of the patent law and detailed rules). The further patent evaluation report made by China National Intellectual Property Administration at the request of the patentee or relevant interested parties is equivalent to the further verification of the patentability of the authorized utility model or design patent in China National Intellectual Property Administration (according to the provisions of patent laws and regulations), and it is a further official "evaluative evaluation" of the utility model or design patent with in-depth examination. 3. As the patentee, asking China National Intellectual Property Administration to make a patent evaluation report after obtaining authorization is a verification of the gold content of his patent and can be used as valuable evidence to prove the patent value in patent promotion. The patent evaluation report made by the patentee in advance is also a necessary data reserve for solving patent infringement in the future. (2) The patent evaluation report was modified from the "search report" in the old patent law, and its application scope was extended to the design patent in the new patent law. However, at present, the Patent Office only issues evaluation reports on design patents whose application date is after the new patent law takes effect. 1. According to the law, the patentee or interested party of a utility model or design is obliged to provide a "patent evaluation report" only at the request of the people's court or the department in charge of patent work in litigation. 2, its purpose is to determine the stability of the patent, "mainly used by the people's court or the department in charge of patent work to determine whether it is necessary to suspend the relevant procedures". The reason is that China does not conduct substantive examination before granting patents for utility models and designs. This leads to the relative instability of the right of utility model and the right of design in China. To issue a patent evaluation report, it is necessary to search related patents to see whether they meet the authorization requirements of the patent law. 3. When the validity of the patent right is questioned, the patent evaluation report can be used as evidence to prove the novelty and creativity of the patent right. At the same time, the patent evaluation report can also be used as an effective basis to prove the gold content of patents in patent transformation, commercial promotion and transactions. Second, the characteristics of the patent A patent is a part of intellectual property and an intangible property with characteristics different from other properties. (1) exclusivity is exclusivity. Refers to a certain period of time (within the validity period of the patent right) and a certain area (within the jurisdiction of the law), no unit or individual may exploit its patent without the permission of the patentee; For inventions and utility models, it is forbidden to manufacture, use, promise to sell, sell or import patented products for production and business purposes; For a design, it is forbidden to manufacture, promise to sell, sell or import its patented product for the purpose of production and operation, otherwise it is an infringement. (2) Regionality means that the patent right is a right with geographical restrictions, and it is only valid within the statutory jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved. (3) Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products. The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. The patent laws of all countries in the world have different provisions on the duration of patent protection. Article 23 of the Patent Law: A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application. With the rapid development of science and technology in China, our country now attaches great importance to the protection of patent rights. The Patent Evaluation Report of Design is the authoritative patent quality evaluation made by China National Intellectual Property Administration at the request of the patentee. In view of the characteristics of patents, we should also have a clear understanding to avoid unintentional infringement of others' patents when applying for patents.