What is an invention patent? What are the characteristics of invention patents?
So what exactly is an invention patent? What are the characteristics of invention patents? First of all, we need to know what an invention is and the provisions of an invention patent. Then let's talk about what is an invention patent. What are the characteristics of invention patents? Invention patents have four characteristics. According to the provisions of China's patent law, there are three kinds of inventions that can be protected by patents: inventions, utility models and designs, of which invention patents are the most important. What is an invention patent? The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. Therefore, China's "Detailed Rules for the Implementation of the Patent Law" points out that "invention" as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. What are the characteristics of invention patents? Feature 1 of invention patent: exclusivity, also known as exclusivity, means that the patentee enjoys the exclusive right to manufacture, use, sell and import and export his invention. That is to say, without the permission of the patentee, no other unit or individual may manufacture, use, sell, promise to sell and import and export its patented products for production and business purposes, nor may it use its patented methods, nor may it manufacture, use, sell, promise to sell and import and export products directly obtained by its methods without the permission of the patentee. Otherwise, it is patent infringement. Feature 2: Regionality According to the principle of patent independence stipulated in the Paris Convention, the regionality of patent right means that the patent right granted by a country according to its own patent law is only valid within the legal jurisdiction of that country and is not binding on other countries. A foreign country does not undertake the obligation to protect its patent, and only obtains a patent right for an invention in China, then the patentee only enjoys the patent right or exclusive right in China. If someone produces, uses or sells the invention in other countries and regions, it is not an infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if a unit or individual in China develops an invention with international market prospects, it is not only a matter of applying for domestic patents in time, but also should seize the opportunity to apply for patents in other countries and regions with good market prospects, otherwise foreign markets will not be protected. Timeliness: the so-called temporality refers to all the exclusive rights granted by the patentee to his invention and creation, which are only valid within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to manufacture, use, sell, promise to sell and import his invention and creation. At this point, inventions protected by law have become public wealth of society, and any unit or individual can use them free of charge. Characteristics 3 of invention patents: Persistence: The patent laws of all countries clearly stipulate that the protection period of invention patents generally ranges from 10-20 years from the date of application; The term of utility model and design patent is 5- 10 years in most countries, while the term of protection of invention patent, utility model patent and design patent in China is 20 years from the date of filing, 10 years and 10 years respectively. Feature 4 of invention patent: the intangible patent right is intangible, and many people often take this feature of patent right as the object of protection-the technology protected by patent right is actually the patent right itself. Otherwise, as far as a trademark is concerned, its object is a pattern, which is obviously not intangible.