What are the key principles of patent protection?

What are the key principles of patent protection?

One is the invention priority principle, and the other is the application priority principle. The principle of prior invention means that if two or more people file a patent application for the same invention, the patent right shall be granted to the person who made the invention first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, only a few countries in the world adopt this principle, such as the United States, Canada and the Philippines. The so-called principle of first application means that when two or more people apply for the same invention separately, the time when they made the invention is subject to the time when they filed the patent application, that is, the patent right is granted to the person who applied first. China and most countries in the world adopt this principle.

Second, the time limit for applying for patent protection

The application period for patent protection is ten years. From the date of application, the patent for utility model needs to pay an annual fee according to the regulations before it can be protected. If it fails to pay in accordance with the regulations, its patent for utility model shall be terminated.

According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent is 20 years, the utility model patent is 10 year, and the design patent is 15 year, all of which are counted from the date of application.

Article 43 stipulates that the patentee shall pay the annual fee from the year when the patent right is granted.

Third, infringement of patent rights.

1. The act of manufacturing patented products without permission;

2. Intentionally using the patented product of invention or utility model;

3. Selling or promising to sell patented products without permission;

4. Use patented methods and use, sell and promise to sell products directly obtained according to patented methods;

5. The act of importing patented products or products directly obtained by patented methods;

6. The act of counterfeiting others' patents;

7. The act of counterfeiting patents.