What is the function of patent application?

Legal analysis: For technology-based enterprises, technology is the key. And if the technology developed by ourselves is stolen by others, it will harm the interests of enterprises. After the patent application, the technology can be protected and others are not allowed to use it at will. As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises. At the same time, the law can also protect the interests of the patentee, which is a strong guarantee.

Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC), where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation. If negotiation fails, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the obligee fails to prosecute or stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement. If negotiation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).