The content of the Patent Cooperation Treaty mainly stipulates the agreement signed by the patent transferee and the patent licensor on the development and utilization of the patent.
Patent cooperation treaties generally include the following contents: the scope and mode of use of patent rights, the term of use, rights and obligations, confidentiality provisions, liability for breach of contract, etc. In addition, we must abide by relevant laws and regulations, such as the anti-monopoly law.
PCT is the abbreviation of English Patent Cooperation Treaty, which means patent cooperation treaty in Chinese, and it is an international treaty for cooperation in the patent field. This is a treaty, which mainly involves the cooperation and rationality of filing, retrieval and examination of patent applications, as well as the dissemination of technical information contained therein. PCT does not grant "international patents", and the task and responsibility of granting patents can only be undertaken by the patent offices of various countries seeking patent protection or the institutions (designated bureaus) exercising their functions and powers.
According to the laws of China, inventions and utility models that are granted patent rights should be novel, creative and practical.
legal ground
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.