Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal 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.
I. Benefits of Patent Application
1. As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises.
2. Enterprises will apply for patents for scientific research achievements, which is the basis for enterprises to implement patent strategy.
3. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry.
4. Enterprises can gain long-term benefits by applying the patent system.
5, enterprises have a patent is a necessary prerequisite to declare high-tech enterprises, innovation funds and other scientific and technological plans and projects.
Second, the nature of the patent right
The nature of patent right is mainly reflected in three aspects: exclusivity, timeliness and regionality.
1, exclusive
Exclusivity, also known as exclusivity or exclusivity. The patentee enjoys exclusive or exclusive rights to the patent he owns, and no one may use it without his permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
Step 2 be timely
Timeliness means that the legal protection for patentees is not indefinite, but limited. Beyond this time limit, it will no longer be protected, and the patent right will immediately become the common wealth of mankind and anyone can use it.
3. Regionality
Regionality means that any patent right can only be produced in a certain area and protected by law. This is another important legal feature different from tangible property. According to this feature, the patent right obtained according to the laws of a country is only protected by law in that country, but not in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries, or * * * participates in an international convention on patent protection (intellectual property).
legal ground
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 8 The invention or utility model completed in China mentioned in Article 20 of the Patent Law refers to the invention or utility model completed in China with substantial contents of the technical scheme.
Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall request the patent administration department of the State Council to conduct a confidentiality review in one of the following ways:
(a) to apply for a patent directly to a foreign country or to submit an international application for a patent to a relevant foreign institution, a request shall be made to the patent administration department of the State Council in advance, and its technical scheme shall be explained in detail;
(2) Where, after applying for a patent to the patent administration department in the State Council, a foreign country applies for a patent or submits an international application for a patent to a relevant foreign institution, a request shall be made to the patent administration department in the State Council before applying for a patent to a foreign country or submitting an international application for a patent to a relevant foreign institution.
Where an international patent application is submitted to the patent administrative department of the State Council, it shall be deemed that a request for confidentiality review has been made at the same time.